Cal.4: “Reason to believe” a suspect named in a warrant is home is less than “probable cause”

“Reason to believe” a suspect named in a warrant is home is less than “probable cause.” People v. Downey, 198 Cal. App. 4th 652, 130 Cal. Rptr. 3d 402 (4th Dist. 2011):

An arrest warrant “founded on probable cause” that the suspect has committed a crime gives law enforcement officers “the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within.” (Payton v. New York (1980) 445 U.S. 573, 603 [63 L.Ed.2d 639, 100 S.Ct. 1371]; see also Steagald v. United States (1981) 451 U.S. 204, 213–214 [68 L.Ed.2d 38, 101 S.Ct. 1642, .) “As explicated by five other circuits, the ‘reason to believe’ standard is satisfied by something less than would be required for a finding of ‘probable cause.’” (U.S. v. Thomas (D.C. Cir. 2005) 368 U.S. App. D.C. 285 [429 F.3d 282, 286], citing Valdez v. McPheters (10th Cir. 1999) 172 F.3d 1220, 1225–1226; see U.S. v. Route (5th Cir. 1997) 104 F.3d 59, 62; U.S. v. Risse (8th Cir. 1996) 83 F.3d 212, 216; U.S. v. Lauter (2d Cir. 1995) 57 F.3d 212, 215; U.S. v. Magluta (11th Cir. 1995) 44 F.3d 1530, 1535; see also U.S. v. Bervaldi (11th Cir. 2000) 226 F.3d 1256, 1263; U.S. v. Lovelock (2d Cir. 1999) 170 F.3d 339, 343; U.S. v. Weems (1st Cir. 2003) 322 F.3d 18, 22 [in dictum].)