{"id":3419,"date":"2010-03-23T09:51:39","date_gmt":"2009-10-04T01:26:09","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-10-03T16:28:01","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3419","title":{"rendered":"W.D.N.C.: Misdemeanor arrest warrant permitted entry under Payton<\/em>"},"content":{"rendered":"

Misdemeanor arrest warrant permitted entry into defendant\u2019s home. Payton<\/a> is not so limited. United States v. Hall, 2009 U.S. Dist. LEXIS 90378 (W.D. N.C. September 28, 2009):<\/p>\n

It is noteworthy that the only case cited in support of the Defendant’s interpretation of Payton<\/a> is O’Rourke v. City of Norman, 875 F.2d 1465 (10th Cir. 1989), cert. denied 493 U.S. 918, 110 S.Ct. 280, 107 L.Ed.2d 260 (1989). O’Rourke involved the nighttime execution of a daytime bench warrant at a location which was known to be the residence of the emancipated suspect’s parents, but which was not known to be her home. The case turned on the fact that the warrant was not authorized for execution at night, not on the nature of the underlying offense. LaFave, 2 Search & Seizure, \u00a7 4.7(b) n.31 (4th ed.). In citing this case, defense counsel ignored the body of law holding that entry into a residence based on a misdemeanor arrest warrant “has been followed in similar cases with near uniformity by the federal courts.” Gooch, 506 F.3d at 1159 n.1. In fact, the Gooch court cited United States v. Ray, 199 F.Supp.2d 1104, 1112-13 (D.Kan. 2002), which followed Tenth Circuit precedent, Howard v. Dickerson, 34 F.3d 978, 981 (10th Cir. 1994), in which it was noted that “federal law require[s] a warrant before arresting an individual at home for a misdemeanor.” Accord, United States v. Meindl, 83 F.Supp.2d 1207 (D.Kan. 1999) (forced entry into defendant’s home to execute misdemeanor arrest warrant was proper). Indeed, the Defendant’s objection to the Memorandum and Recommendation on this issue is limited to one sentence. The Court rejects the Defendant’s argument and the objection is overruled.<\/p><\/blockquote>\n

\u201cNotwithstanding SA Mayo’s omissions, the information provided in his supporting affidavit does not surmount to knowingly or recklessly misleading the issuing magistrate\u201d under Franks. United States v. Banks, 2009 U.S. Dist. LEXIS 90073 (N.D. N.Y. September 29, 2009).*<\/p>\n

State and federal officers may have collective knowledge for PC for a vehicle search. United States v. Feliz, 657 F. Supp. 2d 364 (E.D. N.Y. 2009).<\/p>\n

Parole officer fulfilled his obligation by searching defendant\u2019s house after defendant\u2019s arrest to be sure that he was not otherwise violating the law. United States v. Elsberry, 2007 U.S. Dist. LEXIS 98760 (W.D. N.Y. May 29, 2007).*<\/p>\n

Nineteen minute stop was not unreasonable under the circumstances. United States v. Williams, 2009 U.S. Dist. LEXIS 90063 (M.D. Fla. September 14, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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