{"id":6413,"date":"2012-05-28T21:21:12","date_gmt":"2011-12-15T08:43:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-12-15T08:43:35","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=6413","title":{"rendered":"CA4: Reasonable to assume subject in arrest warrant at home at 7 a.m."},"content":{"rendered":"<p>It is reasonable to assume that the subject of an arrest warrant was home at 7 a.m., absent evidence to the contrary. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/104183.U.pdf\">United States v. Felder<\/a>, 457 Fed. Appx. 316 (4th Cir. 2011) (unpublished):<\/p>\n<blockquote><p>Courts routinely rely on the time of day as a key factor in determining whether officers could reasonably believe the subject of an arrest warrant was home. E.g., <a href=\"http:\/\/scholar.google.com\/scholar_case?case=5115924805322912886&amp;q=52+F.3d+1236&amp;hl=en&amp;as_sdt=2,44\">United States v. Edmonds<\/a>, 52 F.3d 1236, 1248 (3d Cir. 1995), vacated on other grounds, 80 F.3d 810 (3d Cir. 1996) (reasoning that 6:45 a.m. was \u201cearly enough that it was unlikely someone living in the apartment would have already departed for the day\u201d). The Eleventh Circuit has noted that \u201cofficers may presume that a person is home at certain times of the day\u2014a presumption which can be rebutted by contrary evidence regarding the suspect\u2019s known schedule.\u201d <a href=\"http:\/\/scholar.google.com\/scholar_case?case=7616483300265486475&amp;q=44+F.3d+1530&amp;hl=en&amp;as_sdt=2,44\">United States v. Magluta<\/a>, 44 F.3d 1530, 1535 (11th Cir. 1995); see also <a href=\"http:\/\/scholar.google.com\/scholar_case?case=1320349716534039408&amp;q=226+F.3d+1256&amp;hl=en&amp;as_sdt=2,44\">United States v. Bervaldi<\/a>, 226 F.3d 1256, 1267 (11th Cir. 2000) (\u201cIt was reasonable to believe, in the absence of contrary evidence, that [the suspect] would be at his residence at 6:00 in the morning.\u201d). Similarly, the D.C. Circuit has concluded, without citing any other factors, that \u201cthe early morning hour was reason enough\u201d for officers to believe a defendant was home when they attempted to execute an arrest warrant between 6:00 and 6:30 a.m. Thomas, 429 F.3d at 284, 286.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=6413\">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-6413","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6413","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6413"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6413\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6413"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6413"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6413"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}