{"id":58539,"date":"2024-08-01T16:26:14","date_gmt":"2024-08-01T21:26:14","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58539"},"modified":"2024-08-01T16:26:14","modified_gmt":"2024-08-01T21:26:14","slug":"w-d-n-y-when-police-are-told-their-arrestee-isnt-in-the-house-they-dont-have-to-believe-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=58539","title":{"rendered":"W.D.N.Y.: When police are told their arrestee isn&#8217;t in the house, they don&#8217;t have to believe it"},"content":{"rendered":"\n<p>When the police arrive for an arrest and the occupants say the guy they\u2019re looking for isn\u2019t there, police don\u2019t have to credit that and just leave. Green-Page v. United States, 2024 U.S. Dist. LEXIS 134563 (W.D.N.Y. July 30, 2024)* (see, e.g., United States v. Bryant, 2024 U.S. App. LEXIS 18736 (8th Cir. July 30, 2024), posted 7\/30 where the first occupant told the police raiding the house that their target wasn\u2019t there, and that was a lie.)<\/p>\n\n\n\n<p>An ineffective assistance of counsel claim can\u2019t be considered on direct appeal from a conviction. Here, defense counsel didn\u2019t challenge a search that was now foreclosed by the guilty plea. United States v. Rosado, 2024 U.S. App. LEXIS 18778 (2d Cir. July 30, 2024).*<\/p>\n\n\n\n<p>Qualified immunity was properly denied by the district court. The decedent was mentally ill and unarmed and died in police custody from application of alleged excessive force. Scott v. Smith, 2024 U.S. App. LEXIS 18786 (9th Cir. July 30, 2024).*<\/p>\n\n\n\n<p>Even if the testimony that defendant refused to consent to a search and a warrant had to be obtained was error, here it was harmless beyond a reasonable doubt. State v. Gililung, 2024 Wash. App. LEXIS 1534 (July 30, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When the police arrive for an arrest and the occupants say the guy they\u2019re looking for isn\u2019t there, police don\u2019t have to credit that and just leave. Green-Page v. United States, 2024 U.S. Dist. LEXIS 134563 (W.D.N.Y. July 30, 2024)* &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=58539\">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":[124,50,24,23,40,16],"tags":[],"class_list":["post-58539","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence","category-arrest-or-entry-on-arrest","category-consent","category-ineffective-assistance","category-qualified-immunity","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58539","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=58539"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58539\/revisions"}],"predecessor-version":[{"id":58540,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58539\/revisions\/58540"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58539"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58539"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58539"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}