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Situation: Homeowner(non-cooperative) is now in assited living. Homeowner's son has history of eluding police, not coming to door etc., currently has felony warrants for arrest and a string of misdemeanor warrants and is suspected in numerous recent offenses. A civilian believed to be credible reported to officers that he had only moments before spoken with the fugative at the residence and that fugative went back inside. Information would likely be one hour old before enough officers could be possistion for the expected flight of fugative. Does the credible person's information that the fugative being in fugative's home suffice for probable cause to force entry in Texas to execute the felony arrest warrant? The fugative is very difficult to apprehend and does not routinely drive making it even harder to catch him. Team determined that one hour delay was too long to rely on the information. I took the position that the information was still valid at the time but I also do not mind being cautious and mindful of the Fourth Ammendment. Thoughts? | ||
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Member |
Take a look at Payton v. New York, 445 US 573 (1980). It says if the officers reasonably believe that the arrestee they have a felony arrest warrant for lives in the home, then they can enter without a search warrant. Look at chapter 6 of Warrantless Search and Seizure (TDCAA publication). | |||
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