NINTH CIRCUIT HOLDS THAT MISDEMEANOR BENCH WARRANT FOR FAILURE TO APPEAR WARRANTS ENTRY INTO HOME
The Ninth Circuit holds that "police possessing a valid bench warrant for the arrest of a person who has failed to appear may enter the person's residence to the extent necessary to execute the warrant."
The police stopped a car and while investigating, a passenger, known to the police from a prior fled. The police learned there was a warrant for him for failure to appear, and so went to his address. The police entered the apartment listed on the warrant, and in the search found evidence of drugs in the bedroom and in the room rented by the defendant here. This lead to a warrant being issued to search the apartment, which was done later, and guns were found in the defendant's bed.
The Ninth Circuit took the approach of the Second Circuit that a neutral magistrate issued a warrant for probable cause for an arrest, and that satisfies the requirement of Payton 445 U.S. at 603.
U.S. v. Gooch, No. 06-30645 (11-1-07).
