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Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There

Loaded on Jan. 15, 2021 by Douglas Ankney published in Criminal Legal News February, 2021, page 16
Filed under: Arrest Warrants, Reasonable Suspicion. Location: North Carolina.

by Douglas Ankney

The U.S. Court of Appeals for the Fourth Circuit held that the phrase “reason to believe the suspect is within” in Payton v. New York, 445 U.S. 573 (1980), means that when police enter a third-party’s residence without a search warrant to execute an arrest warrant, ...

 

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  1. Staggering Injustice, by Derek Gilna
  2. Fifth Circuit Vacates Sentence Eight Times Higher Than Guidelines Range That Was Imposed Without Explanation, by Dale Chappell
  3. Federal Habeas Corpus: Retroactivity of New Rules, by Dale Chappell
  4. Sex Panic: The War on Sex Offenders as Public Enemy Number One, by Michael Fortino, Ph.D
  5. Fourth Circuit Announces Payton’s ‘Reason to Believe’ Standard for Entering a Third-Party’s Home Based on Arrest Warrant for Suspect Amounts to Probable Cause Suspect Resides There, by Douglas Ankney
  6. Colorado Supreme Court: Dividing Multiple Images of Child Pornography Into Multiple Batches to Charge Multiple Counts Violates Double Jeopardy, by Dale Chappell
  7. First Circuit: Double Jeopardy Protections Bar Government From Seeking Death Penalty at Retrial Where Jury’s Verdict Not Imposing Death at First Trial Ambiguous, and Trial Court Prematurely Declared Mistrial, by Douglas Ankney
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  9. California Supreme Court Vacates Murder Conviction, Finds IAC for Failure to Obtain Expert Testimony on Time of Death, by Dale Chappell
  10. Ninth Circuit: Reasonable Suspicion Justifying Traffic Stop Doesn’t Provide Probable Cause to Open Door and Lean Inside Vehicle, by Douglas Ankney
  11. Police Say Seizing Property Without Trial Helps Keep Crime Down. A New Study Shows They’re Wrong., by Ian MacDougall
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  13. Michigan Voters Approve Constitutional Amendment to Protect Electronic Data and Communications, by Anthony Accurso
  14. Kansas Supreme Court Clarifies State Law Does Not Preclude Consent to Search Through Nonverbal Conduct, by Douglas Ankney
  15. Sixth Circuit Vacates Sentence Because Government Failed to Prove Sentencing Enhancements Apply, by Dale Chappell
  16. Eighth Circuit Announces ‘Use of Minor’ Enhancement Inapplicable for Merely Buying Firearm From Minor, by Dale Chappell
  17. Illinois Supreme Court Announces Guilty Plea Doesn’t Bar Postconviction Claim of Actual Innocence and Provides Framework for Review, by Douglas Ankney
  18. Illinois Supreme Court Announces Predicate Offenses of Home Invasion Statute are Lesser-Included Offenses of Home Invasion Statute, by Douglas Ankney
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  21. SCOTUS Vacates Grant of Habeas Relief, Citing Habeas ‘Deference’ to State Court Decisions, by Dale Chappell
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  24. Predator or Patsy? Long Sentences for Those Caught in Victimless Child Sex Stings
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