Legal Opinion

Kirk v. Louisiana

Supreme Court of the United States

Decided June 24, 2002No. 01-8419PublishedCited by 253 opinions

1Per curiam

Police officers entered petitioner’s home, where they arrested and searched him. The officers had neither an arrest warrant nor a search warrant. Without deciding whether exigent circumstances had been present, the Louisiana Court of Appeal concluded that the warrantless entry, arrest, and search did not violate the Fourth Amendment of the Federal Constitution because there had been probable cause to arrest petitioner. 00-0190 (La. App. 11/15/00), 773 So. 2d 259. The court’s reasoning plainly violates our holding in Payton v. New York, 445 U. S. 573, 590 (1980), that “[a]bsent exigent…

2Cases cited2 opinions

  1. Payton v. New YorkSupreme Court of the United States · 1980
  2. State v. KirkLouisiana Court of Appeal · 2000

3Cited by253 opinions

  1. Kentucky v. KingSupreme Court of the United States · 2011
  2. Janet Feliciano v. City of Miami BeachCourt of Appeals for the Eleventh Circuit · 2013
  3. John Coffin v. Stacy BrandauCourt of Appeals for the Eleventh Circuit · 2011
  4. Douglas McClish v. Richard B. NugentCourt of Appeals for the Eleventh Circuit · 2007
  5. Saleem Bashir v. Rockdale County, GeorgiaCourt of Appeals for the Eleventh Circuit · 2006

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