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Criminal Procedure Keyed to Dressler
Payton v. New York
Citation:
445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639.Facts
Officers had probable cause to believe that the first defendant, Theodore Payton, murdered the manager of a gas station. Officers went to his apartment intending to arrest him. They had not obtained a warrant. They used crowbars to break open the door and enter the apartment.
The second defendant, Obie Riddick, had been identified by robbery victims and the police also did not obtain a warrant for his arrest. They went to his house. When his young son opened the door, they could see Riddick sitting in bed covered by a sheet. They entered the house and placed him under arrest.
Both defendants argued that their arrests were unconstitutional. The trial court held that they were constitutional and authorized by a New York statute permitting police officers to enter a private residence without a warrant and with force, if necessary, to make a routine arrest.
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