Commonwealth v. Romero, A., Aplt. (majority)Annotate this Case
In two discretionary appeals consolidated for opinion, the Pennsylvania Supreme Court tackled an unsettled question in Fourth Amendment jurisprudence. In Payton v. New York, 445 U.S. 573 (1980), the Supreme Court of the United States held that the Fourth Amendment prohibited law enforcement officers from making a warrantless and nonconsensual entry into a residence for the purpose of conducting a routine felony arrest. In dictum expressed at the end of its opinion, the Payton Court stated that a warrant requirement for arrests in the home placed no undue burden on law enforcement, and that “an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within.” The following year, in Steagald v. United States, 451 U.S. 204 (1981), the Court held that a warrant for an individual’s arrest did not authorize an entry into the home of a third party not named in the arrest warrant. To protect third parties’ interests in the privacy of their homes, the Steagald Court held, the Fourth Amendment’s warrant requirement mandated a magistrate’s determination of probable cause before police may enter those homes in order to search the premises for the individual named in the arrest warrant. In these two Pennsylvania cases, the Pennsylvania Court addressed circumstances in which a law enforcement officer sought to execute an arrest warrant inside a home: how would it be determined that the home was that of the intended arrestee, such that the Payton dictum could apply, rather than the home of a third party, where Steagald would apply? The Pennsylvania Court concluded the Fourth Amendment required that, police officers may enter the home of the subject of an arrest warrant to effectuate the arrest, but they must obtain a valid search warrant before entering the home of a third party.