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Name: People v. Thompson
Case #: B176808
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 11/17/2004
Subsequent History: Rev. granted 2/16/05: S130174

A warrantless entry into a residence to identify a suspect for a possible citizen’s arrest violates the Fourth Amendment. A citizen who witnessed the commission of a misdemeanor drunk driving offense contacted police and then followed the defendant to his home. Police arrived and entered the home, handcuffed the defendant and forcibly took him outside so that the witness could identify him and make a citizen’s arrest. The Court of Appeal reversed the denial of the defendant’s motion to suppress, noting that an officer’s authority to assist in a citizen’s arrest does not include the right to forcibly enter a dwelling under these circumstances. Citing the high degree of protection the Fourth Amendment provides to a person in his own home, the court found that the warrantless entry was unreasonable under these circumstances.