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Name: United States v. Diaz
Case #: 06-30029
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/22/2007

Where government agents had reason to believe appellant was home, there was no Fourth Amendment violation when they entered the home with a valid arrest warrant and seized property. Government agents had a valid warrant to arrest Diaz, and went to his home to arrest him on the one weekday afternoon they had reason to believe he would be home. When he did not respond, they broke through the door and entered the house, but found no one home. Inside the house, the agents discovered and seized incriminating evidence. The district court denied Diaz’s motion to suppress. The appellate court affirmed the trial court’s order denying the motion. Under the totality of the circumstances, the agents had reason to believe that Diaz was home when they went to arrest him. The officers had reliable information that Diaz was usually there on that day of the week. Because the agents had sufficient reason to believe he was home, and entered pursuant to a valid arrest warrant, there was no constitutional violation.