Is a warrantless entry into a home a violation of the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Suarez, 10 Cal.5th 116, 267 Cal.Rptr.3d 418, 471 P.3d 509 (Cal. 2020):

A warrantless entry into a home is a violation of the Fourth Amendment unless an exception to the warrant requirement exists. (See Florida v. Jardines (2013) 569 U.S. 1, 6, 133 S.Ct. 1409, 185 L.Ed.2d 495 ["[W]hen it comes to the Fourth Amendment, the home is first among equals."].) " A long-recognized exception to the warrant requirement exists when "exigent circumstances" make necessary the conduct of a warrantless search. ... " [E]xigent circumstances means an emergency situation requiring swift action to prevent imminent danger to life or serious damage to property, or to forestall the imminent escape of a suspect or destruction of evidence." " ( People v. Panah (2005) 35 Cal.4th 395, 465, 25 Cal.Rptr.3d 672, 107 P.3d 790.)

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