Absent exigent circumstances, what must a peace officer obtain before entering a home?

• A. A consent
• B. A search warrant
• C. An arrest warrant
• D. A subpoena

Answer: (B)

The principle being tested is the Fourth Amendment safeguard against unreasonable searches of a home. Absent exigent circumstances, a peace officer must have a search warrant before entering a residence to look for evidence. This warrant is a document issued by a judge or magistrate, supported by oath or affirmation, and it must specify the place to be searched and the items to be seized.

Consent could allow entry and a search without a warrant if the resident freely agrees, but without consent and without an exigent situation, there is no legal authority to enter. An arrest warrant is for arrest purposes and does not by itself authorize a home search. A subpoena is a court order to appear or produce documents, not a right to search a home. Therefore, the correct requirement for entering a home in the given scenario is a search warrant.