Opinion

Payton v. New York

  • 445 U.S. 573
  • 100 S. Ct. 1371
  • 63 L. Ed. 2d 639
  • 1980 U.S. LEXIS 13
Court
Supreme Court of the United States
Filed
Apr 15, 1980
Status
Published
Author
Blackmun
On the bench
Blackmun, Brennan, Marshall, Powell, Rehnquist, Stevens, Stewart, White
Cited by
6,515 cases
Authority
More cited than 24.1%

Disagreed with by Alexander ex rel. Estate of Quade v. City & County of San Francisco, 29 F.3d 1355 (1994)

holding that, once an arrest warrant has been issued, it is constitutionally reasonable to require the suspect to open the doors of his home to police officers because “for Fourth Amendment purposes, an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within”

How later courts described this case

  • holding that, once an arrest warrant has been issued, it is constitutionally reasonable to require the suspect to open the doors of his home to police officers because “for Fourth Amendment purposes, an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within”
  • holding that a New York statute “authoriz[ing] police officers to enter a private residence without a war- rant and with force, if necessary, to make a routine felony Cite as: 576 U. S. ____ (2015) 7 Opinion of the Court arrest” was “not consistent with the Fourth Amendment”
  • recognizing "long-settled premise that absent exigent circumstances, a warrantless entry to search for weapons or contraband is unconstitutional even when a felony has been committed and there is probable cause to believe that incriminating evidence will be found within"
  • holding that “the Fourth Amendment to the United States Constitution, made applicable to the States by the Fourteenth Amendment prohibits the police from making a warrantless and nonconsensual entry into a suspect’s home in order to make a routine felony arrest.”

Written by the judges who cited it.

Later courts went against this

  • Disagreed with by Alexander ex rel. Estate of Quade v. City & County of San Francisco, 29 F.3d 1355 (1994)

    We also disagree with Judge Trott's argument that because the "chief evil” Payton guards against is entry into the home, and because the officers had a lawful basis for entry in the form of the forcible entry warrant, there was no Fourth Amendment violation.
    Court of Appeals for the Ninth CircuitJul 8, 1994Read it
  • Limited by State v. Hatchie, 161 Wash. 2d 390 (2007)

    While the Supreme Court limited its holding in Payton to felony arrest warrants — as per the facts before it — it expanded its analysis to misdemeanor warrants in Welsh v. Wisconsin, 466 U.S. 740, 750, 104 S. Ct. 2091, 80 L. Ed. 2d 732 (1984).
    Washington Supreme CourtSep 6, 20072 citing opinionsRead it
  • Limited by New York v. Harris, 495 U.S. 14 (1990)

    In fight of these principles, we decline to apply the exclusionary rule in this context because the rule in Payton was designed to protect the physical integrity of the home; it was not intended to grant criminal suspects, like Harris, protection for statements made outside their premises where the police have probable cause to arrest the suspect for committing a crime.
    Supreme Court of the United StatesApr 18, 1990Read it

Distinguished

  • Distinguished by People v. Shaw, 2026 NY Slip Op 00961 (2026)

    The third-party tenant's consent in this case simply bears no relationship to any Payton violation against defendant, and the exclusionary rule is inapplicable.
    New York Court of AppealsFeb 19, 2026Read it
  • Distinguished by Com. of Pa. v. Romero, 183 A.3d 364 (2018)

    " We distinguish this dictum from the "Payton holding," wherein the Payton Court, resolving the narrow issue presented to it, concluded that warrantless entries into a home to arrest a suspect are unconstitutional.
    Supreme Court of PennsylvaniaApr 26, 2018Read it
  • Distinguished by People v. Spencer, 29 N.Y.3d 302 (2017)

    Regarding defendant’s pretrial motion to suppress evidence, we reject defendant’s argument that his warrantless arrest violated Payton v New York (445 US 573 [1980]).
    New York Court of AppealsJun 22, 2017Read it
  • Distinguished by United States v. Medina, 19 F. Supp. 3d 518 (2014)

    Even if coercive conduct without a physical entry could amount to a Payton violation, the NYPD’s conduct here is distinguishable from the extreme examples cited by Medina.
    District Court, S.D. New YorkMay 8, 2014Read it

The opinion

Mr. Justice Blackmun,

concurring;

I joined the Court’s opinion in United States v. Watson, 423 U. S. 411 (1976), upholding, on probable cause, the warrant-less arrest in a public place. I, of course, am still of the view that the decision in Watson is correct. The Court’s balancing of the competing governmental and individual interests properly occasioned that result. Where, however, the warrantless arrest is in the suspect’s home, that same balancing requires that, absent exigent. circumstances, the result be the other way. The suspect’s interest in the sanctity of his home then outweighs the governmental interests.

I therefore join the Court’s opinion, firm in the conviction that the result in Watson and the result here, although opposite, are fully justified by history and by the Fourth Amendment.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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