{"id":5123,"date":"2011-07-17T07:27:58","date_gmt":"2011-01-25T07:40:13","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-01-25T07:40:13","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5123","title":{"rendered":"CA11: Officers showed sufficient knowledge arrestee was in plaintiff’s house to enter on arrest warrant"},"content":{"rendered":"

The sued officers showed that there was sufficient belief the person sought in the arrest warrant was in the plaintiff’s house. Therefore, the officers have qualified immunity. Payton v. City of Florence<\/a>, 413 Fed. Appx. 126 (11th Cir. 2011) (unpublished)*:<\/p>\n

As to police officers\u2019 \u201con the spot determination\u201d of whether the suspect is within the home at the time, \u201ccourt must be sensitive to common sense factors indicating a resident\u2019s presence.\u201d Id. at 1263<\/a>. For example, \u201cofficers may presume that a person is at home at certain times of the day \u2014 a presumption which can be rebutted by contrary evidence regarding the suspect\u2019s known schedule.\u201d Id. at 1267 (quotation marks omitted).<\/p>\n

Here, we conclude that the officers\u2019 search of Payton\u2019s home did not violate the Fourth Amendment. Under the circumstances, the officers had a reasonable basis for believing Philip lived at Payton\u2019s house. Three of the four documents in the information packet for Philip\u2019s arrest warrant (the warrant itself, the printout of the \u201cPhillip\u201d entry in the FPD\u2019s Spillman database, and the LETS database printout) listed Philip\u2019s address as 1618 Northern Boulevard. Only the \u201cPhilip\u201d Spillman database entry listed a different address. Notably, each document whose information came from Philip himself \u2014 including Philip\u2019s driver\u2019s license and the appearance bond he issued upon his arrest for the charge the warrant covered \u2014 listed the Northern Boulevard address.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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