Legal Opinion

People v. Ovieda

California Supreme Court

Decided August 12, 2019No. S247235PublishedCited by 18 opinions

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

  1. Coolidge v. New HampshireSupreme Court of the United States · 1971
  2. Carroll v. United StatesSupreme Court of the United States · 1925
  3. Payton v. New YorkSupreme Court of the United States · 1980
  4. Whren v. United StatesSupreme Court of the United States · 1996
  5. Chambers v. MaroneySupreme Court of the United States · 1970

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3Cited by18 opinions

  1. Cruz v. City of MercedCalifornia Court of Appeal · 2023
  2. Gund v. County of TrinityCalifornia Supreme Court · 2020
  3. In re Joseph P. CA1/2California Court of Appeal · 2020
  4. Murchison v. County of TehamaCalifornia Court of Appeal · 2021
  5. Nolte Sheet Metal v. Occupational Safety and Health Appeals Bd.California Court of Appeal · 2020

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