Edwards v. State

Mowbray, C. J., with whom Steffen, J., joins,

dissenting:

*156Respectfully, I dissent.

In Payton v. New York, 445 U.S. 573 (1980), the United States Supreme Court held that the Fourth Amendment of the United States Constitution prohibits the police from effecting a warrant-less and nonconsensual entry into a suspect’s home in order to make a routine felony arrest. Accordingly, since the police officers in Payton entered a private residence without a warrant to make their routine arrest, the evidence seized in the premises was suppressed. Id. at 603. The majority applies Payton to the facts of…