{"id":6311,"date":"2012-02-08T06:11:33","date_gmt":"2011-11-25T11:59:15","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-11-25T11:59:15","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6311","title":{"rendered":"CA1: Driving car of other and having access to garage was enough to enter with a warrant under Steagald<\/em>"},"content":{"rendered":"

In a Bivens action against the DEA in Puerto Rico for entering a house of another looking for a person named in a warrant, knowledge that the person named in the warrant drove the car of the other person and had access to his garage inferred access to the house, and that was enough to enter under Steagald<\/a>. Solis-Alarc\u00f3n v. United States<\/a>, 662 F.3d 577 (1st Cir. 2011):<\/p>\n

In a nutshell, the DEA agents had evidence that D\u00edaz-Suazo was twice seen using a vehicle registered to Solis-Alarc\u00f3n and parked at the latter’s house; that D\u00edaz-Suazo had access to the garage and presumably the house; and that D\u00edaz-Suazo did not live at the address set out in his driver’s license. Perhaps, too, they could place weight on the judgment of the local officers that D\u00edaz-Suazo lived at #17 Alondra St. And, if he did live there, it would be reasonable to believe him in residence early in the morning.<\/p>\n

The judgment that he did live there would perhaps be a close call if the issue before us were whether evidence seized in the search should be suppressed. In many like search cases, the police had more potent evidence of residence, such as statements of the subject himself, extensive records linking the person to the address, or a combination of a reliable tip, a recent police report, and a contemporaneous witness identification. See also Werra, 638 F.3d at 337 (\u201cdoubt[ing]\u201d that an informant\u2019s tip could support a reasonable belief that suspect lived in a rooming house).\n<\/p><\/blockquote>\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-6311","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6311","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=6311"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6311\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6311"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6311"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6311"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}