Under Payton v. New York (1980), may law enforcement officers make a warrantless entry into a home to effect a routine felony arrest?

• A. LEOs may arrest without a warrant in a home for a routine felony.
• B. LEOs may not enter a home without a warrant to make a routine felony arrest.
• C. LEOs may enter if they have probable cause but no warrant.
• D. LEOs may enter if the homeowner consents.

Answer: (B)

Under Payton v. New York, a warrant is required for a home arrest. The decision protects the home’s privacy by generally prohibiting warrantless entries to effect a routine felony arrest inside a dwelling. In practice, that means officers may not enter without a warrant unless there are special circumstances: consent from the homeowner, or exigent circumstances such as an immediate danger, a risk of the suspect fleeing, or evidence that could be destroyed if they delay. Without one of those exceptions, a routine felony arrest inside a home must be done with a warrant. Probable cause alone does not justify a warrantless home entry, and consent is a valid exception that would permit entry without a warrant, though it must be voluntary and clearly given.