· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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