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PEOPLE v. TROYER

No. S180759.

51 Cal.4th 599 (2011)

THE PEOPLE, Plaintiff and Respondent, v. ALBERT TROYER, Defendant and Appellant.

Supreme Court of California.

February 22, 2011.

Attorney(s) appearing for the Case

J. Wilder Lee , under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Donald E. DeNicola , Deputy State Solicitor General, David A. Rhodes , Daniel B. Bernstein and Doris A. Calandra , Deputy Attorneys General, for Plaintiff and Respondent.

Law Offices of Ronald Richards & Associates, Ronald Richards , Nicholas Bravo and Patrick T. Santos as Amici Curiae.

OPINION

BAXTER, J.—

"[T]he `physical entry of the home is the chief evil against which the wording of the Fourth Amendment is directed.'" (Payton v. New York (1980) 445 U.S. 573, 585 [63 L.Ed.2d 639, 100 S.Ct. 1371].) Thus, "searches and seizures inside a home without a warrant are presumptively unreasonable." (Id. at p. 586.) "Nevertheless, because the ultimate touchstone of the Fourth Amendment...

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