Can retreating into one's home while being followed by a police officer constitute consent to a police entry?

MultiRegion, United States of America

The following excerpt is from US v. Shaibu, 920 F.2d 1423 (9th Cir. 1990):

In this case, it could be argued that we must decide as a matter of law whether merely retreating into one's home while being followed by a police officer can constitute consent to a police entry. The determination we reach here that such conduct, standing alone, is insufficient is based upon the principle that "at the very core of the Fourth Amendment stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion." Silverman v. United States, 365 U.S. 505, 511, 81 S.Ct. 679, 682, 5 L.Ed.2d 734 (1961). Thus, it might be argued that this case calls for the formulation of a general rule, and therefore de novo review is appropriate. However we need not decide the question of what standard of review is applicable, for, whichever standard we apply the result is the same we are required to reverse.

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