{"id":2411,"date":"2008-12-23T17:10:16","date_gmt":"2008-08-26T08:16:47","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-08-26T08:16:47","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=2411","title":{"rendered":"CA6: Whether Payton<\/em>‘s “reason to believe” standard is different than probable cause did not have to be decided where there was no cause"},"content":{"rendered":"

Denial of defendant’s motion to suppress evidence is reversed and his conviction for drug- and firearm-related offenses is vacated where: (1) the Sixth Circuit leaves unanswered whether probable cause or “reason to believe” is the correct standard governing when officers may enter a residence to execute an arrest warrant under Payton<\/em><\/a> and Steagald<\/em><\/a>; but (2) an apartment manager in this case was acting as an agent of the government, and officers’ remaining information failed to establish even a reasonable belief that defendant was inside an apartment; and (3) thus, a search of the apartment violated defendant’s Fourth Amendment rights, and all evidence obtained as a result should have been suppressed. United States v. Hardin<\/a>, 539 F.3d 404, 2008 FED App. 0317P (6th Cir. 2008).<\/p>\n

Defendant’s husband was a police officer, and he consented to a search of her car which was half his for drugs. Her refusal to consent came after he consented, and it was too late to prevent the search. Lynn v. Commonwealth, 257 S.W.3d 596 (Ky. App. 2008).<\/p>\n","protected":false},"excerpt":{"rendered":"

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