Legal Question in Criminal Law in New York
Payton Rule
What is the Payton rule about
Asked on 6/10/07, 7:15 pm
1 Answer from Attorneys
Anthony Colleluori
The Law Offices of Anthony J. Colleluori & Associates PLLC
Re: Payton Rule
Payton is the appellent in the famous US SUPREME COURT case of Payton v. NY. (It was consolidated with Riddick v. NY too.) The Payton rule basically holds that:
Absent exigent circumstances, the 4th Amendment bars warrantless, nonconsensual entry into a home to make a routine arrest. A warrantless home entry is the chief evil against which the 4th Amendment is directed. Both arrest warrants and search warrants implicate the same interest in preserving the privacy and sanctity of the home and justify the same level of constitutional protection.
Answered on 6/10/07, 10:33 pm
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