{"id":10397,"date":"2014-02-17T13:26:15","date_gmt":"2014-02-16T17:26:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2014-02-16T17:26:52","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10397","title":{"rendered":"SD: <em>Payton<\/em> authorized entry into house to arrest supporting plain view"},"content":{"rendered":"<p>A joint fugitive task force had an arrest warrant for Yellow Eagle who was known to flee and attempt to hide. His exwife said he was living with defendant Quevedo elsewhere. At that house, their son said they were both home. They had the legal authority to enter to execute the warrant under federal and state law and <a href=\"http:\/\/scholar.google.com\/scholar_case?case=14936388408511643149&amp;q=payton%2Bv.%2Bnew%2Byork&amp;hl=en&amp;as_sdt=1002\">Payton v. New York<\/a>. The defendants were found with drugs in the bedroom. <a href=\"http:\/\/ujs.sd.gov\/uploads\/sc\/opinions\/26666.pdf\">State v. Quevedo<\/a>, 2014 SD 6, 2014 S.D. LEXIS 7 (February 12, 2014):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>[*P13] Here, the record reveals that the task force is comprised of federal and state law enforcement agencies, including the United States Marshals Service, Pennington County Sheriff&#8217;s Office, and Meade County Sherriff&#8217;s Office. The task force officers, who executed Quevedo&#8217;s and Yellow Eagle&#8217;s arrest warrants, were officers from the United States Marshals Service and Pennington County Sheriff&#8217;s Office. Federal and state law authorizes federal officers participating in task forces to execute state and local warrants. 28 U.S.C.A. 564, 566(e)(1)(B); SDCL 23A-2-7, 23A-3-25. Thus, the officers participating in the task force had the authority to execute state and federal warrants, including Quevedo&#8217;s state warrant and Yellow Eagle&#8217;s federal warrant.<\/p>\n<p>[*P14]  In addition, the task force officers constitutionally entered Quevedo&#8217;s home to arrest her on her outstanding warrant. &#8220;The Fourth Amendment generally requires a warrant based upon probable cause to support the search and seizure of a person.&#8221; State v. Bonacker, 2013 S.D. 3, \u00b6 9, 825 N.W.2d 916, 919. For Fourth Amendment purposes, &#8220;[a] valid arrest warrant carries with it the implicit but limited authority to enter the residence of the person named in the warrant in order to execute that warrant.&#8221; United States v. Risse, 83 F.3d 212, 215 (8th Cir. 1996) (citing Payton v. New York, 445 U.S. 573, 603, 100 S. Ct. 1371, 1388-89, 63 L. Ed. 2d 639 (1980)). &#8220;Under Payton, officers executing an arrest warrant must have a &#8216;reasonable belief that the suspect resides at the place to be entered &#8230; and have reason to believe that the suspect is present&#8217; at  [**10] the time the warrant is executed.&#8221; Id. at 216 (quoting United States v. Lauter, 57 F.3d 212, 215 (2d Cir. 1995)).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=10397\">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-10397","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10397","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=10397"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/10397\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10397"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=10397"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=10397"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}