Payton does not require that an arrest warrant also be obtained to arrest a suspect during the execution of a search warrant on his premises. Defendant was lawfully arrested in the house when the search warrant was executed. United States v. Hoisington, 2017 U.S. Dist. LEXIS 99459 (D. Vt. June 27, 2017).
Defendant showed he was an overnight guest, and he thus had standing to challenge the search of the apartment. The court “find[s] the officers’ warrantless entry into the apartment was justified under the community caretaker exception [because there were children inside] but not under the exigent circumstances exception based on a fear that evidence would be destroyed.” United States v. Sallis, 2017 U.S. Dist. LEXIS 100758 (N.D. Iowa June 28, 2017).*