People v. Ovieda
California Supreme Court
1Opinion of the CourtOpinion of the Court by Corrigan, J.
*1038 In People v. Ray (1999) 21 Cal.4th 464 , 88 Cal.Rptr.2d 1 , 981 P.2d 928 , the lead opinion of this court articulated a "community caretaking" exception to the warrant requirement for government entry into a private residence, suggesting that "circumstances short of a perceived emergency may justify a warrantless entry" into a home. ( **266 Id . at p. 473, 88 Cal.Rptr.2d 1 , 981 P.2d 928 (lead opn. of Brown, J.).) Under United States Supreme Court authority, a warrantless home entry is unreasonable unless it falls within a recognized exception to the warrant requirement, like exigent…
2Cases cited45 opinions
- Coolidge v. New HampshireSupreme Court of the United States · 1971
- Carroll v. United StatesSupreme Court of the United States · 1925
- Payton v. New YorkSupreme Court of the United States · 1980
- Whren v. United StatesSupreme Court of the United States · 1996
- Chambers v. MaroneySupreme Court of the United States · 1970
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