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CA4: Under Payton or Olson a warrant authorized the entry for arrest

By John Wesley Hall, Jr.

Whether a resident under Payton or a guest under Olson, the arrest in this case was with a warrant and the entry was justified by the arrest warrant. United States v. Kern, 2009 U.S. App. LEXIS 14787 (4th Cir. July 2, 2009) (unpublished): When a warrant has been issued authorizing the arrest of a suspect, law enforcement officers have "the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within." Payton, 445 U.S. at 603. Once an arrest has been made, officers are permitted to search "the arrestee's person and the area within [the arrestee's] immediate control." Chimel v. California, 395 U.S. 752, 763, 89 S. Ct. 2034, 23 L. Ed. 2d 685 (1969) (internal quotation marks omitted). Whether Kern was a resident at the farm or an overnight guest is inconsequential to the resolution of this appeal because Kern was properly arrested pursuant to valid warrants and the firearms seized were in an area within his immediate control...continue to full post

Full post as published by Fourth Amendment on July 11, 2009 (boomark / email).