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The answer is B. The address on the warrant is irrelevant to inherent authority set forth by the U.S. Supreme Court in Payton v NY. Many people misunderstand Payton and think it only applies to felony warrants but the authority is carried by any warrant for an arrest. Police officers are required to do investigate and cite facts as to why they believe that the person now resides at the new address. Bills and leases in the wanted persons name. Their vehicle’s located there. Testimony from neighbors or known associates etc. We really want to do a good job collecting as much info as possible to show the courts that we exhausted all efforts to ensure that the person did in fact live there. What separates an arrest warrants authority from a search warrant is police are allowed to enter into the residence of a person who has a warrant for their arrest based on probable cause (even though the courts cite RS). This allows police to arrest the person and then leave the residence. If during the execution of the arrest warrant police, who are in a lawfully permitted area, view illegal contraband they may seize the contraband in plain view and apply for a search warrant for the rest of the home. Don’t forget a house is not an automobile. There isn’t a bright line exception to not need a warrant. Another case everyone should read is Steagald v US. This protects third party homes from the inherent authority of Payton v NY. In a third party home where the suspect is located police would need consent, exigency, or an additional search warrant to enter into that house to search for the person who has the warrant for their arrest.
When there is an arrest warrant issued for a suspect and the police discover that the address he now resides at is different than the address on the warrant, does it still carry the inherent authority to enter into that residence to arrest that suspect under Payton v New York?
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