{"id":5025,"date":"2011-05-16T08:11:44","date_gmt":"2010-12-27T00:01:36","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-25T18:22:02","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5025","title":{"rendered":"WI: Man wanted for murder on the run was sufficient exigent circumstance for entry to arrest"},"content":{"rendered":"

Defendant was an overnight guest in an apartment and he had standing. He was wanted for murder, and the owner of the apartment let in the police to arrest him. They also had exigent circumstances. The time to get a search warrant could have thwarted the arrest entirely. State v. Ayala<\/a>, 2011 WI App 6, 331 Wis. 2d 171, 793 N.W.2d 511 (2010).*<\/p>\n

P18 When officers arrived at the Cervantes residence, they had probable cause to arrest Ayala for the Milford homicide and the three related armed robberies. 5 Various factors created probable cause: (1) there had been what appeared to be an intentional homicide using a gun; (2) officers had information from the other robbery\/homicide participants that Ayala was the shooter; (3) Ayala was believed by officers to be a Latin Kings gang member; (4) the weapon used in the homicide had not been recovered, leading officers to believe Ayala might still have the gun in his possession; (5) the gun might be evidence of a crime; (6) if Ayala possessed the missing gun, it put the officers at risk of being shot by Ayala if they announced themselves or asked Ayala for consent to enter the bedroom; (7) the tavern below the apartment was frequented by Latin King members; (8) Rochelle operated the tavern below the apartment; and (9) because there were civilians in the apartment as well as the tavern below, all were at risk if Ayala began shooting while police procured a warrant.\n<\/p><\/blockquote>\n

The Alaska Supreme Court directed the Court of Appeals to reconsider an appeal under Gant which was decided in the interim. First, Gant is retroactive under Griffin v. Kentucky. Second, the search was valid as a search incident because she gave false information about her identity and her claim she did not have to be believed. Therefore, it was reasonable to believe that her driver\u2019s license would be found in the car, so a search incident was valid. Deemer v. State<\/a>, 244 P.3d 69 (Alaska App. 2010).*<\/p>\n

The state could not establish that the \u201ccommunity caretaking function\u201d entry into defendant\u2019s house was justified. There was no indication that the home had to be entered for the protection of the homeowner. State v. Ultsch<\/a>, 2011 WI App 17, 331 Wis. 2d 242, 793 N.W.2d 505 (2010).*<\/p>\n

Defendant who was at the premises searched for only a short time for a drug deal who had no connection to the residents had no expectation of privacy that society was willing to recognize as reasonable. United States v. Rivera-Pabon, 2010 U.S. Dist. LEXIS 134800 (N.D. Ga. August 9, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-5025","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5025","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=5025"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5025\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5025"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5025"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5025"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}