Can police enter a person's home to arrest them?
California, United States of America
The following excerpt is from People v. Villasana, F056773 (Cal. App. 1/4/2010), F056773. (Cal. App. 2010):
Payton v. New York (1980) 445 U.S. 573, 583-590, holds that, in the absence of consent or exigent circumstances, police may not enter a suspect's home to arrest him or her without a warrant. In this case, the trial court concluded that the arrest did not, constructively or otherwise, occur within the home. The parties agree the arrest, wherever it occurred and though it was warrantless, was supported by probable cause.
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