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Arrest in home was without exigent circumstances or warrant and violated Payton

By John Wesley Hall, Jr.

Defendant's arrest in his home was not supported by exigent circumstances, and he opened the door on a command from the officers. Therefore, the entry and arrest violated Payton. United States v. Reeves, 2008 U.S. App. LEXIS 9808 (10th Cir. May 7, 2008). The length of defendant's stop was not unreasonable. He consented while the officer was waiting for the computer check to come back, and the officer did not move him to the back of the patrol car until after he consented. United States v. Gonzalez, 2008 U.S. App. LEXIS 9787 (11th Cir. May 2, 2008) (unpublished).* It is irrelevant that the defendant was not charged with the trafffic offense that led to his stop as long as there is probable cause for the stop. Here there was, and a search incident was proper...continue to full post

Full post as published by Fourth Amendment on May 09, 2008 (boomark / email).