D.N.M.: POs with PV warrant authorized to enter hotel room def was visiting under Payton

Parole officers had a warrant for defendant’s arrest for absconding from supervision. His location at the motel room of another was given to the PO and an apprehension team went to get him. As they approached, the door was opened and they could see him inside. He was told to come out and he did. “Officers had much more than suspicion to enter Defendant’s room — they had a warrant for his arrest. In addition, the on-the-scene circumstances at the room contributed to the officers’ reasonable suspicion that Defendant had violated his probation and engaged in illegal activity. He was residing in an unauthorized motel room that was littered with visible ammunition and drug paraphernalia. In response to Banks’ commands to put his hands up, Defendant voluntarily surrendered a firearm which he was not allowed to have. Considering the totality of the circumstances, the officers had ample reasonable suspicion that Defendant violated his conditions of probation.” The warrant was sufficient under Payton, and he also lacked standing. United States v. Milia, 2020 U.S. Dist. LEXIS 151566 (D. N.M. Aug. 19, 2020).