{"id":25834,"date":"2017-02-15T13:08:45","date_gmt":"2017-02-15T18:08:45","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25834"},"modified":"2017-02-17T18:08:30","modified_gmt":"2017-02-17T23:08:30","slug":"mn-arrest-warrant-permits-entry-into-home-of-third-party-for-arrest-of-guest","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=25834","title":{"rendered":"MN: Arrest warrant permits entry into home of third party for arrest of guest"},"content":{"rendered":"

\u201cNeither the United States Constitution nor the Minnesota Constitution requires police to obtain a search warrant before entering a third party\u2019s home to execute a lawfully issued arrest warrant for a guest.\u201d State v. deLottinville<\/a>, 2017 Minn. LEXIS 55 (Feb. 15, 2017):
\n<\/p>\n

In a nutshell, Payton describes the Fourth Amendment rights of a homeowner subject to an arrest warrant, while Steagald explains the rights of a homeowner when police execute an arrest warrant for a guest. But the Supreme Court has not yet defined the Fourth Amendment rights of those in deLottinville\u2019s position: guests subject to an arrest warrant. <\/p>\n

We conclude that Payton sets the ceiling on a guest\u2019s Fourth Amendment rights. A guest should not receive any greater Fourth Amendment protection when outside her home than when inside it. The home is \u201cfirst among equals\u201d under the Fourth Amendment, representing the \u201cvery core\u201d of a person\u2019s constitutional protections. Florida v. Jardines, ___ U.S. ___, ___, 133 S. Ct. 1409, 1414 (2013) (quoting Silverman v. United States, 365 U.S. 505, 511 (1961) (internal quotation marks omitted)). Yet Payton held that it is constitutionally reasonable for police to enter a person\u2019s own home when police have an arrest warrant for that person. Payton, 445 U.S. at 602. Because Fourth Amendment rights are at their apex in one\u2019s own home, it necessarily follows that the subject of an arrest warrant enjoys no greater protection as a guest in another\u2019s home. <\/p>\n

In other words, it is a person\u2019s status as the subject of the arrest warrant, not whether the person is in her own home or the home of another, that is decisive under Payton\u2019s logic. Here, police lawfully obtained an arrest warrant for deLottinville and entered the home knowing that she was there, so their entry did not violate her Fourth Amendment rights. <\/p>\n

Federal circuit courts almost universally agree. Of the ten circuit courts that have addressed this issue, nine have held that a guest\u2019s Fourth Amendment rights are not violated by police entry into another\u2019s home to arrest a guest under a lawful arrest warrant. …<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

\u201cNeither the United States Constitution nor the Minnesota Constitution requires police to obtain a search warrant before entering a third party\u2019s home to execute a lawfully issued arrest warrant for a guest.\u201d State v. deLottinville, 2017 Minn. LEXIS 55 (Feb. … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50],"tags":[],"class_list":["post-25834","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25834","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=25834"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25834\/revisions"}],"predecessor-version":[{"id":25861,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25834\/revisions\/25861"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25834"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25834"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25834"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}