{"id":10249,"date":"2014-01-18T16:30:47","date_gmt":"2014-01-19T01:00:00","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2014-01-18T16:30:47","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10249","title":{"rendered":"ND: Routine misd bench warrant does not justify entry of the home to execute it"},"content":{"rendered":"<p>Police got a tip that defendant was involved in picking up methamphetamine in Minnesota and bringing it back to North Dakota. \u201cPolice verified that the Burleigh County Sheriff&#8217;s Department had a bench warrant for Grubb for driving under the influence and driving under suspension.\u201d So, they took that bench warrant and went to the house and entered and found drugs. The entry of a house on a routine misdemeanor bench warrant was unreasonable. <a href=\"http:\/\/www.ndcourts.gov\/_court\/opinions\/20130165.htm\">State v. Hart<\/a>, 2014 ND 4, 2014 N.D. LEXIS 3 (January 14, 2014):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>[*P15]  Here, the facts clearly show that government officials conducted a warrantless search and seizure inside an area where Sitte and Hart had a reasonable expectation of privacy. In Payton, the United States Supreme Court held that the Fourth Amendment, made applicable to the States by the Fourteenth Amendment, &#8220;prohibits the police from making a warrantless and nonconsensual entry into a suspect&#8217;s home in order to make a routine felony arrest.&#8221; Payton, 445 U.S. at 576. In the instant case, the police entered Sitte&#8217;s open vehicle-garage door, passed through his garage, and entered into his home without consent to execute a routine misdemeanor bench warrant. Police did not have a search warrant based on probable cause to search the home. The burden is on the State to show that the warrantless search falls within an exception to the warrant requirement. Mitzel, 2004 ND 157, \u00b6 12, 685 N.W.2d 120.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=10249\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-10249","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10249","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10249"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10249\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10249"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10249"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10249"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}