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Shepard then argued that, since the officer did not dispute the location of the arrest six feet inside the home , and since he did not consent to the entry and exigent circumstances were not present, qualified immunity was not appropriate because the law that prohibited warrantless in-home arrests was clearly established.
New York. It is a basic principle of Fourth Amendment law that searches and seizures inside a home without a warrant are presumptively unreasonable. However, the court of appeals noted that, as long as a warrantless arrest inside a home falls into one of the exceptions to the warrant requirement, the arrest may be reasonable under the Fourth Amendment. The court then stated that consent is one of the well-delineated exceptions to the warrant requirement.
However, citing Eleventh Circuit precedent, the court stated. For the consent exception to the warrant requirement to apply, the consent must be voluntary, or, as we have stated, the product of an essentially free and unconstrained choice. The Eleventh Circuit stated. Although one may voluntarily surrender to the police at the door, the facts alleged here show that Shepard neither surrendered to the police nor had an opportunity to do so.
The Eleventh Circuit then set out to determine whether the law regarding in-home warrantless arrests in factually similar circumstances was clearly established at the time of the arrest. Again, if the law was not clearly established, then the officer is entitled to qualified immunity from the suit. The first case reviewed by the court of appeals was the United States v.
The court of appeals also noted that the Supreme Court, in Payton v. New York , held. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy.
Your World of Legal Intelligence. Document Cited authorities 27 Cited in Related Vincent. Criminal Law. Justice Act s. Council for England and Wales, so far as it relates to the provisions.
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