Case Law: Payton V. New York

Sometimes an arrest has to be made in a protected place such as someone’s home. Under the Fourth Amendment, people have the right to be secure in their homes (Hall, 2014). Therefore they are protected places and a warrant would be required to legally enter and make an arrest unless the officer could justify an exception (Hall, 2014). The Fourth Amendment also specifically states that an arrest warrant must be based on probable cause and supported by oath or affirmation (Hall, 2014). It further stipulates that people to be seized must be specifically addressed in the warrant (Hall, 2014).

In a 1980 case law, Payton v. New York, an arrest warrant allows an officer to enter a home to effect an arrest as long as there is reason to believe