{"id":56937,"date":"2024-01-25T10:05:49","date_gmt":"2024-01-25T15:05:49","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=56937"},"modified":"2024-11-04T15:15:44","modified_gmt":"2024-11-04T20:15:44","slug":"ca2-reason-to-believe-ptf-was-inside-justified-entry-with-arrest-warrant-under-payton","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=56937","title":{"rendered":"CA2: Reason to believe ptf was inside justified entry with arrest warrant under <em>Payton<\/em>"},"content":{"rendered":"\n<p>Officers had an arrest warrant for plaintiff, and that gave them the ability to enter his home to look for him under Payton when they had a reasonable belief he was inside. United States v. Johnson, 2024 U.S. App. LEXIS 1617 (2d Cir. Jan. 24, 2024).<\/p>\n\n\n\n<p>Successor habeas petition based on grounds already known that do not show actual innocence is denied. Davis v. Neal, 2024 U.S. App. LEXIS 1538 (7th Cir. Jan. 23, 2024).*<\/p>\n\n\n\n<p>Probable cause was shown enough: \u201cHere, the affidavit does not lack for veracity, reliability, or basis of knowledge\u2014most of the facts derive from investigations of specific robberies by named police officers and interviews with victim witnesses. This is not a situation involving anonymous sources of unknown reliability or veracity. Some of the statements are conclusory; others are based on verifiable facts. It cannot be said that the affidavit contains \u2018only\u2019 the affiant&#8217;s \u2018belief\u2019 that probable cause existed, or that it is \u2018nothing more than a guess \u2026 completely devoid of facts \u2026 or so vague as to be conclusory or meaningless.\u2019 [\u00b6] Reading the warrant in \u2018a practical, common sense manner,\u2019 \u2026 and keeping in mind that \u2018legal principles do not operate in a vacuum but instead only with reference to particular facts,\u2019 \u2026, the Court concludes that the affidavit provides \u2018some connection\u2019 between the criminal activity it describes and Wright&#8217;s unit, such that reasonable officers would not know to second-guess the issuing judge&#8217;s decision to authorize the warrant.\u201d United States v. Wright, 2024 U.S. Dist. LEXIS 10935 (E.D. Mich. Jan. 22, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Officers had an arrest warrant for plaintiff, and that gave them the ability to enter his home to look for him under Payton when they had a reasonable belief he was inside. United States v. Johnson, 2024 U.S. App. LEXIS &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=56937\">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":[50,126,20],"tags":[],"class_list":["post-56937","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-issue-preclusion","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56937","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=56937"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56937\/revisions"}],"predecessor-version":[{"id":59280,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/56937\/revisions\/59280"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=56937"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=56937"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=56937"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}