Is a law enforcement officer permitted to enter a person's home without a search warrant?
California, United States of America
The following excerpt is from People v. I.I. (In re I.I.), B300371 (Cal. App. 2020):
"[L]aw enforcement officers do not violate the Fourth Amendment by merely approaching an individual on the street . . . ." (Florida v. Royer (1983) 460 U.S. 491, 497.) Therefore, the officer's observations during the approach are lawful and may provide grounds for a detention. (People v. Rosales (1989) 211 Cal.App.3d 325, 330 [an officer may approach a citizen, identify himself, and ask questions "even without any objective justification"; defendant's conductputting his hand into his bulging pocket"escalated" "[t]he encounter" and "created an appearance of potential danger to the officer"].)
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