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CA6: Whether Payton's "reason to believe" standard is different than probable cause did not have to be decided where there was no cause

By John Wesley Hall, Jr.

Denial of defendant's motion to suppress evidence is reversed and his conviction for drug- and firearm-related offenses is vacated where: (1) the Sixth Circuit leaves unanswered whether probable cause or "reason to believe" is the correct standard governing when officers may enter a residence to execute an arrest warrant under Payton and Steagald; but (2) an apartment manager in this case was acting as an agent of the government, and officers' remaining information failed to establish even a reasonable belief that defendant was inside an apartment; and (3) thus, a search of the apartment violated defendant's Fourth Amendment rights, and all evidence obtained as a result should have been suppressed. United States v. Hardin, 2008 U.S. App. LEXIS 18135, 2008 FED App...continue to full post

Full post as published by Fourth Amendment on August 26, 2008 (boomark / email).