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S.D.Ga.: Defendant was arrested in house by officers at the window with guns telling him to come out

By John Wesley Hall, Jr.

Defendant was “arrested” in his home by officers at his window with guns drawn who ordered him to the door to come out. United States v. Burch, 2011 U.S. Dist. LEXIS 23413 (S.D. Ga. March 3, 2011): That the officers, at least according to their testimony, never physically entered the trailer to conduct the arrest does not change the fact that an arrest took place inside the home. Although it does not appear that the Eleventh Circuit has directly addressed this issue, “every court that has considered the issue … has concluded that if the police force a person out of his house to arrest him, the arrest is deemed to have taken place inside his home, and the Payton warrant requirement applies.” Fisher v. City of San Jose, 509 F...continue to full post

Full post as published by Fourth Amendment on March 12, 2011 (boomark / email).