Does a warrantless entry by a police officer into a house without a search warrant violate the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Thompson, 124 Cal.App.4th 96, 21 Cal.Rptr.3d 221 (Cal. App. 2004):

Relying on People v. Hampton (1985) 164 Cal.App.3d 27, 209 Cal.Rptr. 905, the majority of the appellate division ruled that the warrantless entry did not violate the Fourth Amendment. The court reasoned that Orvos, who had probable cause to make a citizen's arrest, somehow authorized the officers' entry into the residence: "[T]he exigencies of preventing defendant from fleeing and possibly again driving while intoxicated, and of preserving evidence of his blood alcohol content, along with the physical presence of the complaining private citizen, ... all combined to justify the officers' entry to follow and apprehend defendant...."

Other Questions


Does a police officer who entered a Defendant's home without a warrant violate section 844 of the California Criminal Code when he entered without a search warrant? (California, United States of America)
Can a police officer refuse to issue a warrant for a search without a search warrant? (California, United States of America)
In what circumstances have courts found that blood tests conducted by police officers without a warrant violated the Fourth Amendment? (California, United States of America)
Is a search of a vehicle by a police officer who stops and searches the vehicle at the police station a search warrant? (California, United States of America)
Does the assumption that evidence sufficient to warrant a search warrant justify the officers in making a search without a warrant justify their actions? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
When can the police obtain a search warrant to search a house without obtaining a warrant? (California, United States of America)
When searching a laptop computer and news articles about prior sexual assaults, can police search the laptop without a search warrant? (California, United States of America)
What is the test for a search warrant issued by a police officer in the context of search warrant application? (California, United States of America)
When a police officer searches a knapsack of a suspect in a search for drugs, what is the limitation of the search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.