Payton v New York
Quick Case Summary (for the Sergeant to read or paraphrase)
Payton v. New York (1980) is the Supreme Court case that held officers may not enter a suspect's home to make a routine felony arrest without a warrant, unless there are exigent circumstances.
The ruling protects the home as the highest level of 4th Amendment privacy. Even if you have probable cause for an arrest, that does not give you the right to enter a home without a warrant.
You need either:
A warrant, or
Consent, or
Clearly exigent circumstances (like hot pursuit, destruction of evidence, or a risk to life)
Key Teaching Points (Share with Officers)
Probable cause is not enough to justify entry into a residence for an arrest.
You need an arrest warrant and reason to believe the suspect is inside. Even then, no forced entry without exigent circumstances unless it’s your arrestee’s residence.
You can’t boot a door just because the guy has a felony warrant and you saw him inside. That’s a Payton violation unless you have a warrant for that location or valid consent.
Consent to enter is a valid alternative — but must be voluntary, not coerced, and from someone with authority over the space.
Exigent circumstances (like hot pursuit or immediate threats) can justify entry, but you need to be ready to articulate those clearly in your report.
Discussion Scenario for Roll Call
Scenario: You confirm a wanted suspect is inside his girlfriend’s apartment. You have a valid felony arrest warrant, but no search or arrest warrant for that address. She opens the door but says, “He’s not here.”You think she’s lying, and you hear movement in the back room.Can you go in? Why or why not?
Ask your officers:
What would you do here?
What’s missing?
What if he was yelling threats from the back room?
Answer Guidance:
Unless she consents to entry or you can clearly articulate exigent circumstances (like destruction of evidence, officer safety threat, or someone in danger), you cannot go in. If you do, it could result in evidence suppression or a civil lawsuit.