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· 4/4/1997

Smith v. Tolley

Citations

  • 960 F. Supp. 977
  • 1997 U.S. Dist. LEXIS 5355
  • 1997 WL 168627

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that by going to suspect’s house at 10:30 p.m. on a Monday night, officer presented himself “at a time of day on a day of the week when most people are presumed to be at home”
  • holding police possessed a reasonable belief wife was at home despite husband’s assertions that she was not when they observed multiple cars parked by the house, three people inside, and husband met them on the driveway to fend off their questions
  • husband’s refusal to answer questions, coupled with facts that time was 10:30 p.m. on a Monday and officer saw three persons inside home, gave rise to reasonable belief suspect was home
  • adopting Magluta reasonable belief standard

Source: CourtListener parenthetical corpus (CC0).

Judges: Payne

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.