State v. Felix

¶ 108. (dissenting). To be clear, contrary to the concurrence's assertions, Payton v. New York, 445 U.S. 573 (1980) was violated when officers arrested Felix in his home without a warrant.

¶ 109. The question before this court is not whether there was a violation of Payton, as the concurrence suggests. The State has conceded a Payton violation at every stage of this case, and during oral argument in this court, it expressly disavowed the argument advanced by the concurrence.1

*723¶ 110. Rather, the question we address is whether we should interpret our state constitution as providing greater…