Does Payton Apply: Absent Consent or Exigent Circumstance, Are Warrantless, In-Home Police Seizures and Arrests of Persons Seen through an Open Door of the Home Legal
Year: 2005
Type: article
Abstract: United States v Morgan, 743 F2d 1158 (6th Cir 1984) (holding that absent exigent circumstances, police may not enter the home to make an arrest without a warrant) with United States v Vaneaton, 49 F3d 1423 (9th Cir 1995) (holding that when a defendant voluntarily exposes himself to the public view, the presumption against the unreasonableness of a warrantless seizure in the home is overcome); United States v Gon 230 F3d 44 (2d Cir 2000) (stating that the Fourth Amendment warrant requirement was not implicated when the apartment door was voluntarily opened in response to a knock).Recently, the Seventh Circuit held that such an arrest violated the Fourth Amendment.Hadley v Williams, 368 F3d 747 (7th Cir 2004).9 This Comment does not analyze "doorway" arrests.A "doorway" arrest occurs when the police seize and arrest a suspect at the threshold of his home, though they do not possess a warrant.See Santana, 427 US at 42 (reasoning that a person standing in the open threshold of her home was in a public place); United States v Carrion, 809 F2d 1120, 1128 (5th Cir 1987) (holding that the defendant did not have a reasonable expectation of privacy at the open door of a hotel room).See also Jack E. Call, The Constitutionality of Warrantless Doorway Arrests, 19 Miss Coll L Rev 333, 344 (1999) (listing a table of cases involving warrantless doorway arrests); Bryan Murray, After United States v Vaneaton, Does Payton v New York Prevent Police from Making Routine Arrests Inside the Home, Golden St U L Rev 135 (1996).This Comment takes that scenario a step further.If the suspect is not in the open doorway, but is inside his home and is in the plain view of the police, can the police seize and arrest him?'0 423 US 411 (1976).
Source: bepress Legal Repository
Author: Jennifer L. Marino
Institution: University of Chicago
Language: English
Topic: Criminal Law and Evidence
Subfield: Law
Field: Social Sciences
Domain: Social Sciences
Open Access status: green
OpenAlex ID: W2212779789