Criminal Law: Payton v. New York and Schneckloth v. Bustamonte

Running head: CRIMINAL LAW
Criminal Law
Name of the Student
Name of the University
Author Note

1CRIMINAL LAW
Case 1
Name of the case
Payton v. New York1
Citation
445 U.S. 573 (1980)
Facts
Theodore Payton has been a suspect in the murder of an employee working for a gas
station in the New York City. This case has been initiated when the New York City Police
has entered in the house of Payton forcibly as they were informed about his presence there.
Subsequently, it was conceived that Payton was not at home at that time. However, the Police
has discovered material evidence from that forcible entry which has established his
connection with the murder in question. The action of the police in this case has been effected
in pursuance of the Laws prevailing in New York, which has authorised the police to enter a
residence for the purpose of making a felony arrest in the absence of any warrant being issued
to that effect. Payton has been convicted as a result and preferred an appeal against that
decision of conviction. However, the court has authorized the forcible entry of police in the
house of Payton as the same has been allowed by the laws prevailing in New York. However,
Supreme Court has held the forcible entry to be unreasonable.
Issue
Whether the New York Police are justified to enter the house of the suspect in the absence
of any warrant and when there are no exigent circumstances to support that.
1 445 U.S. 573 (1980)

2CRIMINAL LAW
Reasoning
The Supreme Court has rendered the law authorising the police to make a forcible entry to
a private residence to be unreasonable in the absence of a warrant. Such an authorization in
the absence of a warrant will be in contravention of the Fourth Amendment2. The Fourth
Amendment of the Constitution requires the seizures, searches and to that effect forcible
entry to a private residence without a warrant to be avoided except in the case of exigent
circumstances.
Significance
This verdict of the Supreme Court has restrained the police from making a forcible entry
to a private residence in the absence of a warrant to that effect. However, an exception in the
case of exigent circumstances has been allowed.
Case 2
Name of the case
Schneckloth v. Bustamonte3
Citation
412 U.S. 218 (1973)
Facts
In Sunnyvale of California, a police officer, namely James Rand has performed a search of
an automobile after availing the permission of the search from the owner of the automobile,
namely, Joe Alcala. The said search has revealed three checks belonging to a car wash, which
has been stolen. It has been found that the checks belonged to Robert Bustamonte, who was
one of the passengers of the aforementioned automobile. In his trial, Robert Bustamonte has
pleaded to suppress the charges imposed upon him. In making the claim, he has submitted
2 Donohue, Laura K. "The Original Fourth Amendment." U. Chi. L. Rev. 83 (2016): 1181.
3 412 U.S. 218 (1973)