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E.D.Mich.: Officers' forcible entry into a third person's apartment for arrest of defendant on a warrant was valid

By John Wesley Hall, Jr.

Defendant was seen around an apartment complex, and officers knew that there was an arrest warrant for him. They had their “eye out” for him. He was seen, the officer called out to him, and he fled into an apartment. It was determined that the apartment was not his, and there was no discernable connection to him and the apartment. Officers banged on the door for him to come out, and they finally got “I’m coming,” but he didn’t come out. They were afraid he was arming himself or was destroying evidence, so they secured a ballistic shield and broke in. Defendant was found hiding inside, and a protective sweep was done. Marijuana was found in plain view 5' from defendant’s point of arrest. Nobody would consent to a search so a search warrant was obtained for the apartment...continue to full post

Full post as published by Fourth Amendment on October 03, 2010 (boomark / email).