A detective, investigating a series of burglaries, receives an anonymous tip that a suspect, 'John Doe,' has stolen goods hidden in his apartment. Without obtaining a warrant, the detective goes to John Doe's apartment, knocks, and when Doe opens the door, the detective immediately steps inside and begins to search. Which of the following best describes the legality of the detective's entry and search?
- AThe entry and search are illegal because there was no warrant and no recognized exception applies.
- BThe entry is legal but the search is illegal.
- CThe entry and search are legal under the exigent circumstances exception.
- DThe entry and search are legal under the plain view doctrine.
Show answer & explanationAnswer & explanation
Correct answer: A. The entry and search are illegal because there was no warrant and no recognized exception applies.
The Fourth Amendment generally requires a warrant for searches of homes. While there are exceptions, none apply here. An anonymous tip alone is usually insufficient for probable cause, and there's no indication of consent, exigent circumstances, or items in plain view from a lawful vantage point before entry. Stepping inside without permission or a warrant is an unlawful entry and search.
Why the other options are wrong
- B. The entry itself was illegal, making any subsequent search illegal as 'fruit of the poisonous tree' unless an independent exception applies, which it does not.
- C. There are no facts suggesting exigent circumstances (e.g., destruction of evidence, hot pursuit, danger to others).
- D. The plain view doctrine requires lawful presence; the detective was not lawfully present when he stepped inside.
Warrantless Home Entry (Fourth Amendment)
Under the Fourth Amendment, warrantless entry into a person's home is presumptively unreasonable and illegal, unless a specific exception to the warrant requirement applies (e.g., consent, exigency, hot pursuit).
- The home receives the highest level of Fourth Amendment protection.
- Exceptions to the warrant rule are narrowly construed.
- Probable cause is still generally required, even with some exceptions.
Memory trick: PACE-S: Plain view, Automobile, Consent, Exigent, Stop & frisk.