Sunday, January 13, 2019

Payton v. New York case brief


    1. Payton v. New York case brief summary


      1. The police had probable cause to believe that Payton had murdered the manager of a gas station. There was music playing from inside but no answers to the knocks so police knocked his door down without a warrant
      2. They seized a shell casting that was submitted for evidence at his trial. He was not there but was later turned into police and is moving to remove the evidence obtained in his app
      3. Issue: whether the shell casting can be used against him in trial- but he has to stand trial no matter what
      4. Warrantless searches inside a home are presumably unreasonable
      5. Warrantless searches in public are permitted if there is probable cause
        1. They are comparing warrantless search with probable cause in public vs. in a home
        2. Drayton and Draper were not arrested in their home
        3. “A man’s home is his castle”
      6. it is unreasonable for the police to enter a home without a warrant for the purpose of arresting the owner. As a result, the warrantless entry into Payton’s home, the warrantless entry and arrest in Riddick’s home, and the accompanying searches and seizure, are a clear violation of the Fourth Amendment right to privacy and are unconstitutional.
      7. It's not just a piece of paper!
        1. It’s that they did not convince a NEUTRAL third party that he committed a crime and they had probable cause
      8. DISSENT: they met all of the requirements- they had probable cause that he committed a felony, they knocked and announced, and it was in the day time

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