Payton v. New York

Payton v. New York

Infobox SCOTUS case
Litigants = Payton v. New York
ArgueDate = March 26
ArgueYear = 1979
ReargueDate = October 9
ReargueYear = 1979
DecideDate = April 15
DecideYear = 1980
FullName = Theodore Payton v. New York
USVol = 445
USPage = 573
Citation =
Prior =
Subsequent =
Holding = The Fourth Amendment, made applicable to the States by the Fourteenth Amendment, prohibits the police from making a warrantless and nonconsensual entry into a suspect's home in order to make a routine felony arrest.
SCOTUS = 1975-1981
Majority = Stevens
JoinMajority = Brennan, Stewart, Marshall, Blackmun, Powell
Concurrence = Blackmun
Dissent = White
JoinDissent = Burger, Rehnquist
LawsApplied =

"Payton v. New York", ussc|445|573|1980 was a United States Supreme Court case concerning warrantless entry into a private home in order to make a felony arrest. The Court struck down a New York statute providing for such warrantless entries because the Fourth Amendment draws a firm line at the entrance to the house. Absent exigent circumstances, that threshold may not be reasonably crossed without a warrant. The court, however, did specify that an arrest warrant (as opposed to a search warrant) would have sufficed for entry into the suspect's residence if there had been reason to believe that the suspect was within the home.

ee also

*List of United States Supreme Court cases, volume 445
*"Miller v. United States", ussc|357|301|1958
*"Ker v. California", ussc|374|23|1963

Further reading

* cite journal | last = Gordon | first = Peter J. | authorlink = | coauthors = | year = 1978 | month = | title = The Constitutionality of Warrantless Home Arrests | journal = Columbia Law Review | volume = 78 | issue = 7 | pages = 1550–1567 | doi = 10.2307/1121875 | url = | accessdate = | quote =
* cite journal | last = McFarland | first = J. M. | authorlink = | coauthors = | year = 1980 | month = | title = "Payton v. New York"—The Last Word on Warrantless Home Arrests? | journal = UMKC Law Review | volume = 49 | issue = | pages = 232 | issn = 0047-7575 | url = | accessdate = | quote =
* cite journal | last = Segal | first = Jeffrey A. | authorlink = | coauthors = | year = 1986 | month = | title = Supreme Court Justices as Human Decision Makers: An Individual-Level Analysis of the Search and Seizure Cases | journal = The Journal of Politics | volume = 48 | issue = 4 | pages = 938–955 | doi = 10.2307/2131006 | url = | accessdate = | quote =


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