{"id":4806,"date":"2010-10-23T10:38:44","date_gmt":"2010-10-23T10:38:44","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-10-23T10:38:44","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4806","title":{"rendered":"OH8: Entry into third party’s home violated Payton<\/em> and Steagald<\/em>"},"content":{"rendered":"

The entry into a third party\u2019s home for an arrest violated Payton<\/a> and Steagald<\/a>. The defendant was hiding out and moving around, but the officers had no real evidence that he was staying where he was found. State v. Mansaray<\/a>, 2010 Ohio 5119, 2010 Ohio App. LEXIS 4307 (8th Dist. October 21, 2010):<\/p>\n

[*P18] Thus, pursuant to the above case law, when the police execute an arrest warrant, they can only enter a residence of a third party without a search warrant if they have a reasonable belief that the person named in the warrant lives at the residence and is in fact home. In the instant case, the evidence does not show that the [U.S.] marshals had a reasonable belief that Williams lived with Mansaray. …<\/p>\n

[*P20] He also stated that: \u201c[W]illiams knew we were looking for him and he was moving every couple of hours ***.\u201d Tr. 159. This information did not provide evidence to support a reasonable belief that Williams lived at Mansaray\u2019s house. The confidential informants did not state that Williams lived with Mansaray, just that he \u201cwould be with Mansaray.\u201d While the tracking of Mansaray\u2019s cell phone indicated that it was being used in the vicinity of Mansaray\u2019s home, this would be expected because although Williams was using the phone, it was still Mansaray\u2019s phone. There was no indication that Williams was exclusively using the phone. While the officers may have had a reasonable belief Williams was in the home, the evidence does not establish that they had a reasonable belief that Williams lived at the home. Therefore, to enter Mansaray\u2019s residence, in addition to the arrest warrant, they needed to present a search warrant.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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