{"id":7850,"date":"2013-04-30T18:32:15","date_gmt":"2012-10-21T09:45:10","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-10-21T09:45:10","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7850","title":{"rendered":"CA4: Officers had reasonable cause to believe defendant at home for entry under <em>Payton<\/em>"},"content":{"rendered":"<p>Officers had reasonable cause under <a href=\"http:\/\/scholar.google.com\/scholar_case?case=14936388408511643149&amp;q=payton+v.+new+york%5C&amp;hl=en&amp;as_sdt=2,4\">Payton<\/a> to believe that defendant was hiding in his own house. The SWAT team showed up for a misdemeanor arrest because of defendant\u2019s 100 prior arrests and numerous convictions for violent crime. After a lot of looking, he was found hiding in a return air duct under the house. A gun was found similarly hidden. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/104995.U.pdf\">United States v. Hall<\/a>, 495 Fed. Appx. 319 (4th Cir. 2012):<\/p>\n<p><!--more--><\/p>\n<blockquote><p>On these facts, we hold that the officers had reason to believe that Hall was inside the house at the time of entry. Officers knew the house was Hall&#8217;s residence and possessed several pieces of information suggesting he was at home. First, officers recognized Hall&#8217;s vehicle in the driveway. Second, officers knew someone was in the house and not responding to their knocks. Further, Hall&#8217;s wife and two of her children ultimately emerged, as did Phillips, who reported, as credited by the district court, the fact of Hall&#8217;s presence inside. Therefore, officers had &#8220;reason to believe&#8221; Hall was inside the residence at the time of entry under Payton.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=7850\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-7850","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7850","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=7850"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7850\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7850"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7850"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7850"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}