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Street Cop Podcast

Warrantless Entry

Street Cop Podcast

Street Cop Training

Education

4.9933 Ratings

🗓️ 24 September 2021

⏱️ 19 minutes

🧾️ Download transcript

Summary

In this archive episode, Dennis discusses circumstances where warrantless entry into private property is allowed. Recorded on 01/10/2018. Payton v. New York, 445 U.S. 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. Payton and related case law establish that the principle that a person in a home, particularly his or her own, is entitled Fourth Amendment protections not afforded to persons in automobiles, as per Whren v. United States, or to persons in public, as per United States v. Watson. Constructive Possession and Miranda with multiple passengers in a motor vehicle. Kirk v Lousianna http://caselaw.findlaw.com/la-court-of-appeal/1252149.html?fbclid=IwAR1zLNb9jCIpn1RMVKzeuPeNm654AcRs84IptNCdgpdudnB4k6kcdcc7gJs (http://caselaw.findlaw.com/la-court-of-appeal/1252149.html) US v. Santana 1976 https://supreme.justia.com/cases/federal/us/427/38/?fbclid=IwAR1a7BgeNeEGpxIHnUUH__3ZJX1Ob-5oliGQh9Jh9tyeS8lsVB9S126b8JA (https://supreme.justia.com/cases/federal/us/427/38/)

Transcript

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0:00.0

One, one, one, that's a great,

0:02.0

I don't know. A-1-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-a-à-a-a-a-a-a-a-a-à-a-a-a-a-a-a-a going live on Instagram Facebook LinkedIn three

0:16.5

from platforms three different cameras it's kind of strange right now we're

0:19.1

sitting the position that I'm sitting in you would see what I'm looking at

0:21.4

it's freaking awkward but I don't know how this

0:25.2

picture looks on this is my from my laptop my new laptop if it looks all right

0:28.2

it looks good quality last one gonna go over some topics today

0:32.1

Instagram hello LinkedIn hello Good to go over some topics today. Instagram.

0:33.0

Hello, LinkedIn.

0:35.0

Hello. Or you get this video up.

0:37.0

It looks like LinkedIn, I have three minutes to do a video,

0:40.0

so whatever you get out of this on LinkedIn,

0:41.0

you get out of it if you want to join

0:42.8

uh street cop training to private group on Facebook to have

0:46.2

an unedited raw with some foul language, God forbid.

0:49.7

Footage and video and learning stuff.

0:54.0

Great.

0:55.0

I talk about a few things today.

0:57.0

The one thing I want to tell people that I just spoke with somebody like,

0:59.0

you know, they're trying to shut me down at work, they don't want me to work,

1:01.0

you know, they're putting me in places that I don't, listen, I've been there.

1:05.0

When we first, when I first started my police department many moons ago, myself and my old

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