{"id":42148,"date":"2020-02-02T21:40:55","date_gmt":"2020-02-03T02:40:55","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=42148"},"modified":"2020-02-02T21:40:55","modified_gmt":"2020-02-03T02:40:55","slug":"tn-payton-permitted-entry-to-execute-arrest-warrant-on-motel-room","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=42148","title":{"rendered":"TN: <em>Payton<\/em> permitted entry to execute arrest warrant on motel room"},"content":{"rendered":"<p>Officers reasonably believed defendant was in a motel room, and an arrest warrant permitted entry under Payton. The observations from that went to getting a search warrant for the room. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/brandon_roy_opn.pdf\">State v. Brandon<\/a>, 2020 Tenn. Crim. App. LEXIS 5 (Jan. 31, 2020).<\/p>\n<p>\u201cIn determining whether an affidavit for a search warrant provides probable cause sufficient to justify the warrant&#8217;s issuance, I do not engage in de novo review. Illinois v. Gates, &#8230;. I am, rather, to give deference to the issuing judge&#8217;s probable cause finding. Id. If the affidavit shows a \u2018fair probability\u2019 that the items sought to be seized are then on the premises, then probable cause exists. &#8230; [\u00b6] Applying these factors, I have no hesitation in finding that the affidavits showed probable cause that Grant was a drug dealer. Indeed, there is direct evidence to that effect: the sale to CS 1.[\u00b6] Moreover, he was clever in how he did his dealing. Unlike those who expose themselves by dealing directly hand-to-hand with others, defendant, like a spy, used a vehicular equivalent of a \u2018dead drop\u2019 or \u2018dead letter box.\u2019 It was also apparent that it was likely he had prospered at his trade, as he was seen driving three different cars, none of which sounds off-the-shelf cheap.\u201d United States v. Grant, 2020 U.S. Dist. LEXIS 16161 (N.D. Ohio Jan. 30, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers reasonably believed defendant was in a motel room, and an arrest warrant permitted entry under Payton. The observations from that went to getting a search warrant for the room. State v. Brandon, 2020 Tenn. Crim. App. LEXIS 5 (Jan. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=42148\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,44,96],"tags":[],"class_list":["post-42148","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-informant-hearsay","category-standards-of-review"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42148","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=42148"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42148\/revisions"}],"predecessor-version":[{"id":42149,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42148\/revisions\/42149"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42148"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42148"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42148"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}