{"id":7615,"date":"2013-05-19T22:20:03","date_gmt":"2012-08-21T07:59:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-21T07:59:04","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7615","title":{"rendered":"M.D.Fla.: Arresting defendant in his doorway without a warrant at gunpoint and pulling him out violated Payton<\/em>"},"content":{"rendered":"

While there was probable cause for defendant\u2019s arrest, arresting him in his doorway at gunpoint and pulling him out violated Payton<\/a>. Consent after that was void. United States v. Hernandez-Penaloza, 899 F. Supp. 2d 1269 (M.D. Fla. 2012):<\/p>\n

While I find probable cause for the arrest, I conclude that the warrantless arrest of Defendant and the detention of Moreno nonetheless violated the Fourth Amendment. Here, Woods’ testimony reveals that the deputies intentionally sought to side-step Payton and the warrant requirement by confronting Defendant outside his home so that he could be arrested consistent with Payton and Watson. While the arrest of Defendant was made on the front doorstep of his residence and not inside, the rationale of Payton nonetheless dictates the same legal conclusion where, as here, the Defendant, while inside his house, was confronted by deputies, some wearing masks, all bearing guns and told to come outside with his hands up or where they could be seen. This was no mere consensual encounter with a suspect in a public place. On the contrary, this was an armed confrontation of the occupants of a residence who were ordered to exit their house at gunpoint. While I can find no case in this Circuit addressing similar circumstances, I find persuasive the decisions in the four circuits cited above. In these circumstances, the forceable removal of Defendant from his home to effectuate an arrest outside the house violates the Fourth Amendment. While not formally arrested, Moreno too was forcibly removed from her residence without legal justification and detained in violation of her Fourth Amendment rights.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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