Code of Criminal Procedure · Payton v. New York
Payton v. New York
Payton v. New York is covered under Payton v. New York and tested on the TCOLE peace officer licensing exam. Cadets typically encounter this topic under "Arrest" on practice exams.
To prove this offense, the State must establish each of the following elements: Valid arrest warrant; Reason to believe suspect is within his own home; May enter to make arrest (Payton); Third party's home: separate search warrant generally required (Steagald).
Elements you must prove
- Valid arrest warrant
- Reason to believe suspect is within his own home
- May enter to make arrest (Payton)
- Third party's home: separate search warrant generally required (Steagald)
Practice 1 question on this topic
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Worked examples
Worked example 1
SCENARIO. An officer has a felony arrest warrant for the resident of an apartment. The officer goes to the apartment and the resident answers the door. The officer notices a suspect through the open doorway behind the resident. What may the officer do?
- Nothing — needs another warrant
- Enter to make the arrest if there is reason to believe the suspect is within his own residence (Payton v. New York); for arrest of a third party in someone else's home, generally need a search warrant (Steagald) Correct
- Enter freely to search the home
- Wait outside indefinitely
Why: An arrest warrant carries with it limited authority to enter the suspect's OWN home if there is reason to believe he is within. To arrest a non-resident from a third party's home, officers generally need a search warrant for the third party's home in addition.
Statute: Payton v. New York, 445 U.S. 573 (1980); Steagald v. United States