NE: Entry into third party’s home with arrest warrants and PC def was there complied with Steagald

Local officers recognized defendant’s truck and him as having a host of warrants for his arrest as well as an order of protection out. He was believed to be potentially violent. Police saw him parked at a third party’s house, and they entered looking for defendant with an arrest warrant and probable cause to believe he was there all in compliance with Steagald. Only defendant’s rights were at issue in this case; not those of the homeowner whose place was entered. State v. Lowery, 23 Neb. App. 621, 2016 Neb. App. LEXIS 28 (Feb. 23, 2016):

In the instant case, there was a valid arrest warrant for Lowery, and therefore, the officers did not need a search warrant to arrest Lowery in Valles’ home. We want to be clear that we are concerned only with Lowery (the subject of the arrest warrant) and whether his Fourth Amendment rights were violated; we do not address whether the rights of any third party were violated when law enforcement entered Valles’ home without a search warrant to arrest Lowery.

Although officers do not need a search warrant to execute an arrest warrant in a third party’s home, they do need some basis for believing that the suspect is actually present in the home. Jackson, supra. The Jackson court noted the split among the circuits as to what level of suspicion officers need in order to enter a home to execute an arrest warrant.