Payton violation (California) · Go Syfert
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Payton violation in California

5 California opinions name it 1 courts 1987–2023 1 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
United States v. Crewsgreen
scotus · 1980 · cited in 2 California opinions naming this issue, 1999–1999
2 sentences

1999(See New York v. Harris, supra, 495 U.S. 14, 17-20 [ 110 S.Ct. 1640, 1642-1644 ] [“following a Payton violation, the principle incentive to obey Payton still obtains: the police know that a warrantless entry will lead to the suppression of any evidence found, or statements taken, inside the home.” (Italics added.)]; United States v. Crews (1980) 445 U.S. 463, 471, 474 [ 100 S.Ct. 1244, 1250, 1251 , 63 L.Ed.2d 537 ]; People v. Marquez (1992) 1 Cal.4th 553, 566-569 [ 3 Cal.Rptr.2d 710 , 822 P.2d 418 ].) Defendant also contends Grubensky’s entry was invalid because it did not satisfy the knock-no

1999(See New York v. Harris, supra, 495 U.S. 14, 17-20 [ 110 S.Ct. 1640, 1642-1644 ] [“following a Payton violation, the principle incentive to obey Payton still obtains: the police know that a warrantless entry will lead to the suppression of any evidence found, or statements taken, inside the home.” (Italics added.)]; United States v. Crews (1980) 445 U.S. 463, 471, 474 [ 100 S.Ct. 1244, 1250, 1251 , 63 L.Ed.2d 537 ]; People v. Marquez (1992) 1 Cal.4th 553, 566-569 [ 3 Cal.Rptr.2d 710 , 822 P.2d 418 ].) Defendant also contends Grubensky’s entry was invalid because it did not satisfy the knock-no

22
People v. Marquezgreen
cal · 1992 · cited in 2 California opinions naming this issue, 1999–1999
2 sentences

1999(See New York v. Harris, supra, 495 U.S. 14, 17-20 [ 110 S.Ct. 1640, 1642-1644 ] [“following a Payton violation, the principle incentive to obey Payton still obtains: the police know that a warrantless entry will lead to the suppression of any evidence found, or statements taken, inside the home.” (Italics added.)]; United States v. Crews (1980) 445 U.S. 463, 471, 474 [ 100 S.Ct. 1244, 1250, 1251 , 63 L.Ed.2d 537 ]; People v. Marquez (1992) 1 Cal.4th 553, 566-569 [ 3 Cal.Rptr.2d 710 , 822 P.2d 418 ].) Defendant also contends Grubensky’s entry was invalid because it did not satisfy the knock-no

1999(See New York v. Harris, supra, 495 U.S. 14, 17-20 [ 110 S.Ct. 1640, 1642-1644 ] [“following a Payton violation, the principle incentive to obey Payton still obtains: the police know that a warrantless entry will lead to the suppression of any evidence found, or statements taken, inside the home.” (Italics added.)]; United States v. Crews (1980) 445 U.S. 463, 471, 474 [ 100 S.Ct. 1244, 1250, 1251 , 63 L.Ed.2d 537 ]; People v. Marquez (1992) 1 Cal.4th 553, 566-569 [ 3 Cal.Rptr.2d 710 , 822 P.2d 418 ].) Defendant also contends Grubensky’s entry was invalid because it did not satisfy the knock-no

12
New York v. Harrisgreen
scotus · 1990 · cited in 2 California opinions naming this issue, 1999–1999
2 sentences

1999(See New York v. Harris, supra, 495 U.S. 14, 17-20 [ 110 S.Ct. 1640, 1642-1644 ] [“following a Payton violation, the principle incentive to obey Payton still obtains: the police know that a warrantless entry will lead to the suppression of any evidence found, or statements taken, inside the home.” (Italics added.)]; United States v. Crews (1980) 445 U.S. 463, 471, 474 [ 100 S.Ct. 1244, 1250, 1251 , 63 L.Ed.2d 537 ]; People v. Marquez (1992) 1 Cal.4th 553, 566-569 [ 3 Cal.Rptr.2d 710 , 822 P.2d 418 ].) Defendant also contends Grubensky’s entry was invalid because it did not satisfy the knock-no

1999(See New York v. Harris, supra, 495 U.S. 14, 17-20 [ 110 S.Ct. 1640, 1642-1644 ] [“following a Payton violation, the principle incentive to obey Payton still obtains: the police know that a warrantless entry will lead to the suppression of any evidence found, or statements taken, inside the home.” (Italics added.)]; United States v. Crews (1980) 445 U.S. 463, 471, 474 [ 100 S.Ct. 1244, 1250, 1251 , 63 L.Ed.2d 537 ]; People v. Marquez (1992) 1 Cal.4th 553, 566-569 [ 3 Cal.Rptr.2d 710 , 822 P.2d 418 ].) Defendant also contends Grubensky’s entry was invalid because it did not satisfy the knock-no

12
People v. Stronggreen
cal · 2022 · cited in 1 California opinions naming this issue, 2023–2023
1 sentence

2023(Stats. 2022, ch. 58, § 10; People v. Strong (2022) 13 Cal.5th 698, 708, fn. 2 (Strong).) 1 Payton’s plea to manslaughter is no longer a barrier to relief under section 1172.6, and so the trial court erred in summarily denying Payton’s petition without appointing counsel.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
People v. Thornton green
cal · 2007
1 sentence

2014(People v. Thornton, supra, 41 Cal.4th at p. 436 .) Even if we were to reach the merits of Payton’s claim, we would reject it.

12014–2014
People v. Garcia neutral
calappdeptsuper · 1982
2 sentences

1987In so holding we disagree with People v. Garcia (1982) 139 Cal.App.3d Supp. 1 [ 188 Cal.Rptr. 868 ].

1987In so holding we disagree with People v. Garcia (1982) 139 Cal.App.3d Supp. 1 [ 188 Cal.Rptr. 868 ].

11987–1987

Statutes the citing opinions construe

CA § Cal. Penal Code § 211 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

NY 174 (1980–2026) MS 10 (1994–2023) WI 7 (2008–2024) IL 7 (1980–2011) LA 6 (1981–2011) MD 6 (1987–2018) MN 6 (1980–2014) MI 6 (1983–2026) NJ 6 (1987–2024) CA 5 (1987–2023) FL 4 (1983–2017) MA 4 (1993–2004) WA 4 (1983–2006) CO 3 (2005–2007) TN 3 (1992–2012) OH 2 (2002–2022) TX 2 (1995–2002) CT 2 (1991–1992) AZ 2 (2004–2004) WY 2 (1993–1995) WV 2 (2022–2022) ND 2 (2011–2011) AK 2 (1981–1982) RI 2 (1980–2003) MO 2 (2007–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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