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CA8: Open door not relevant to legality of entry, but it might be to flagrancy of unlawful entry

By John Wesley Hall, Jr.

Whether a door is open or closed does not matter--“the Fourth Amendment has drawn a firm line at the entrance to the house”--Payton. The entry here was illegal, but not flagrantly so, so later consent was still valid. United States v. Greer, 09-1230 (8th Cir. June 11, 2010): But absent a finding of consent, which is not urged, or a suspect standing in the doorway, cf. United States v. Santana, 427 U.S. 38, 42 (1976), the status of the door is not determinative. In Payton itself, the officers saw the suspect through an open door, crossed the threshold, and arrested him, 445 U.S. at 578, but the Court held that “the Fourth Amendment has drawn a firm line at the entrance to the house.” Id. at 590. The government says it is significant that the police had “first hand knowledge” that Smiley was in the house, not merely second-hand probable cause, but there is no certitude exception to the warrant requirement...continue to full post

Full post as published by Fourth Amendment on June 11, 2010 (boomark / email).