{"id":57131,"date":"2024-02-23T09:21:38","date_gmt":"2024-02-23T14:21:38","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57131"},"modified":"2024-02-23T09:28:08","modified_gmt":"2024-02-23T14:28:08","slug":"e-d-wis-revo-warrant-justified-usm-entry-into-place-where-def-was-staying","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57131","title":{"rendered":"E.D.Wis.: Under <em>Payton<\/em>, revo warrant justified USM entry into place where def was staying"},"content":{"rendered":"\n<p>The US Marshals had an arrest warrant for defendant on an FTA for a revocation hearing. They<br \/>developed probable cause through searching Facebook posts that defendant was likely staying at the home of another. Their entry was lawful under Payton and Steagald. A gun in plain view next to his bed was lawfully seized. United States v. Phipps, 2024 U.S. Dist. LEXIS 25605 (E.D. Wis. Feb. 14, 2024).<\/p>\n\n\n\n<p>Defendant wasn\u2019t seized by how the officers parked their cars angling toward him but not blocking him. State v. Dehart, 2024-Ohio-599 (2d Dist. Feb. 16, 2024).*<\/p>\n\n\n\n<p>Even plaintiff\u2019s admitted facts justifies the finding the force was not excessive. He admitted going for a gun. The fact one of the bodycams fell off and is inclusive thereafter doesn\u2019t change that. Also, the videos relied on by the district court are permitted to supplement the record on appeal. Other videos not neither relied on nor offered are not. Terrell v. Town of Woodworth, 2024 U.S. App. LEXIS 3803 (5th Cir. Feb. 19, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The US Marshals had an arrest warrant for defendant on an FTA for a revocation hearing. Theydeveloped probable cause through searching Facebook posts that defendant was likely staying at the home of another. Their entry was lawful under Payton and &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57131\">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":[1],"tags":[],"class_list":["post-57131","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57131","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=57131"}],"version-history":[{"count":4,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57131\/revisions"}],"predecessor-version":[{"id":57135,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57131\/revisions\/57135"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57131"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57131"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57131"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}