(Burger, C.J., concurring)). Thus, if the police have an arrest or search warrant, they do not have to worry about overcoming the presumption of unreasonableness that attaches to all warrantless entries into a home and they avoid having their actions generally scrutinized ex ante by a court. B. The Agents Unlawfully Arrested the Occupants of the Apartment The ultimate decision of whether to seek a warrant or consent rests with the police, but this case amply illustrates the wisdom of our Fourth Amendment tted). Although the agents had probable cause to believe You committed a felony after having seen him transport an illegal alien earlier in the day, the agents had no right to forcibly enter his home and arrest him without a warrant. See Payton, 445 U.S. at 583-603, 100 S.Ct. 1371 (<HOLDING>). Moreover, the order that the door remain open
holding that arrest warrant does not authorize search of thirdparty dwelling in which arrestee does not reside in the absence of consent or exigent circumstances holding that arrest warrant permits police to enter residence of person named therein to make arrest holding that state must prove exigent circumstances justifying immediate need to enter residence without warrant holding that in die absence of exigent circumstances the mere existence of probable cause does not justify a nonconsensual entry by police into a home without an arrest or search warrant holding that in the absence of exigent circumstances the police may not enter a private residence to make a routine arrest