ND: Entry on a misdemeanor warrant was not unreasonable where an occupant said defendant was inside

Entry on a misdemeanor warrant was not unreasonable where an occupant said defendant was inside, following other authorities. State v. Schmidt, 2015 ND 134, 2015 N.D. LEXIS 132 (May 27, 2015):

[*P9] Here, the record shows the residence entered by the officer was the residence listed on the bench warrant for Lavallie. When the officer asked Schmidt if Lavallie was located there, he responded “yes, he is sleeping in the back bedroom.” These facts establish a reasonable belief that Lavallie was located at that residence and was currently present at that location.

[*P10] The State argues that the misdemeanor arrest warrant provides the legal authority to enter the home. A felony arrest warrant allows for the lawful entry of a person’s residence to execute an arrest. Payton, 445 U.S. at 602-03. We have not previously determined whether a misdemeanor arrest warrant provides for the same legal authority to enter as a felony arrest warrant. North Dakota statutes do not appear to distinguish between a felony arrest warrant and a misdemeanor arrest warrant. See N.D.C.C. §§ 29-06-08, 29-06-14. Other courts have held a misdemeanor bench warrant was sufficient to permit entry into a residence under United States v. Spencer, 684 F.2d 220, 223 (2nd Cir. 1982); Kain v. Nesbitt, 156 F.3d 669, 670, 672-73 (6th Cir. 1998); U.S. v. Clayton, 210 F.3d 841, 843-44 (8th Cir. 2000); U.S. v. Gooch, 506 F.3d 1156, 1158-59 (9th Cir. 2007).

[*P11] We agree with these courts that a warrant supported by probable cause, regardless of whether it is a felony or misdemeanor warrant, provides a law officer authority to enter the residence of the person named in the warrant in order to execute the warrant. In this case, the district court granted the motion to suppress evidence on the ground that the initial entry into the home was unlawful because no consent was given. Here, no consent was necessary for the initial entry into Lavallie’s residence by law enforcement for the purpose of executing the misdemeanor bench warrant. We do not reach other issues after the initial entry into the home.