Skip to content
Name: U.S. v. Gooch
Case #: 06-30645
Court: US Court of Appeals
District 9 Cir
Opinion Date: 11/01/2007
Summary

For Fourth Amendment purposes, a valid arrest warrant issued by a neutral magistrate judge, including a warrant for misdemeanor failure to appear, provides the limited authority to enter a dwelling where the suspect lives, when there is reason to believe the suspect is present, in order to serve the warrant. (Peyton v. New York (1980) 445 U.S. 573; U.S. v. Spencer (2d Cir. 1982) 685 F.2d 220.) The police officer approached a stopped vehicle in which Conn was a passenger and recognized Conn from a prior arrest at Conn’s residence. When Conn fled, the officer followed him to the residence where he heard a commotion at the back door and reasonably believed Conn had entered. The officer received confirmation that Conn was the subject of an outstanding warrant and entered the residence to arrest him on it. While looking for Conn, the officer noticed several drug items and on the basis of his observations later obtained a search warrant. When the warrant was executed, officers found appellant, Gooch, asleep in bed in his bedroom. Under the pillows of the bed were three loaded firearms. Gooch’s motion to suppress was denied, with the court concluding that the police had limited authority to enter the residence to arrest Conn and what they observed during this legal entry provided the basis for the later search warrant.