United States Ninth Circuit

Denial of motion to suppress evidence seized from defendant's home is reversed and remanded, where: 1) defendant's arrest violated Payton v. New York and the Fourth Amendment, as officers physically took defendant into custody outside his home by surrounding his house and ordering him to come out at gunpoint, and no exigency existed; 2) evidence seized during a pat-down search incident to an arrest made in violation of Payton must be suppressed, including post-arrest statements; and 3) suppression of the pat-down search evidence renders the warrant authorizing a search of defendant's home invalid, as the remaining unattained evidence did not establish probable cause.

Appellate Information

• Decided 08/28/2014
• Published 08/28/2014

Judges

• Watford

Court

• United States Ninth Circuit

Counsel