Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

OH8: Entry into third party's home violated Payton and Steagald

By John Wesley Hall, Jr.

The entry into a third party’s home for an arrest violated Payton and Steagald. The defendant was hiding out and moving around, but the officers had no real evidence that he was staying where he was found. State v. Mansaray, 2010 Ohio 5119, 2010 Ohio App. LEXIS 4307 (8th Dist. October 21, 2010): [*P18] Thus, pursuant to the above case law, when the police execute an arrest warrant, they can only enter a residence of a third party without a search warrant if they have a reasonable belief that the person named in the warrant lives at the residence and is in fact home. In the instant case, the evidence does not show that the [U.S.] marshals had a reasonable belief that Williams lived with Mansaray. ... [*P20] He also stated that: “[W]illiams knew we were looking for him and he was moving every couple of hours ***...continue to full post

Full post as published by Fourth Amendment on October 23, 2010 (boomark / email).