Code of Criminal Procedure · U.S. Supreme Court, 1980
Payton v. New York
Payton v. New York is a 1980 U.S. Supreme Court decision. This page summarizes key points and works through practice questions for Texas peace officer exam preparation.
Key points
- Valid arrest warrant
- Reason to believe suspect is within his own home
- May enter to make arrest (Payton)
- Third party's home: separate search warrant generally required (Steagald)
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Worked examples
Worked example 1
SCENARIO. An officer has a felony arrest warrant for the resident of an apartment. The officer goes to the apartment and the resident answers the door. The officer notices a suspect through the open doorway behind the resident. What may the officer do?
- Nothing — needs another warrant
- Enter to make the arrest if there is reason to believe the suspect is within his own residence (Payton v. New York); for arrest of a third party in someone else's home, generally need a search warrant (Steagald) Correct
- Enter freely to search the home
- Wait outside indefinitely
Why: An arrest warrant carries with it limited authority to enter the suspect's OWN home if there is reason to believe he is within. To arrest a non-resident from a third party's home, officers generally need a search warrant for the third party's home in addition.
Statute: Payton v. New York, 445 U.S. 573 (1980); Steagald v. United States