{"id":874,"date":"2007-08-25T19:24:45","date_gmt":"2007-03-27T13:49:18","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-03-27T13:49:18","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=874","title":{"rendered":"Arrest warrant not required where there was probable cause and it occurred in a public place"},"content":{"rendered":"<p>An arrest warrant was not required for an arrest on probable cause on business premises, particularly when an employee came in yelling that the police were coming. United States v. Boomer, 2007 U.S. Dist. LEXIS 20815 (M.D. Pa. March 23, 2007):<\/p>\n<blockquote><p>At approximately 6:00 p.m., a detail of police proceeded to arrest at the business place. An employee apparently recognized their presence and entered the business premises yelling. The police pursued her through the open door and effected the arrest of the defendant. While there may have been time in the interim to secure an arrest warrant for the defendant, the probable cause to arrest remained. The police had every right to enter the business place through an open door in these circumstances. Under both federal and Pennsylvania law, the law enforcement officers did not need a warrant to arrest an individual in a public place, such as an ongoing business, so long as probable cause existed. United States v. McGlory, 968 F.2d 309, 342 (3d Cir. 1992).<\/p><\/blockquote>\n<p>Where Fourth Amendment claim would have failed as a matter of law based on reasonable suspicion, defense counsel was not ineffective for not raising the issue. Smith v. Jordan, 220 Fed. Appx. 793 (10th Cir. 2007)* (unpublished).<\/p>\n<p>Man loitering with a pill bottle in his hand was approached by the police, and he discarded it. The patdown of the defendant was lawful. United States v. Ivy, 224 Fed. Appx. 461 (6th Cir. 2007)* (unpublished).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=874\">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-874","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/874","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=874"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/874\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=874"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=874"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=874"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}