Commonwealth v. Tatum

A police officer obtained a search warrant to search for Defendant in someone else's residence. When the police executed the warrant, they arrested Defendant and also discovered drugs inside the residence. After a jury trial, Defendant was convicted of trafficking in cocaine and possession with intent to distribute marijuana. Defendant appealed, arguing that the search warrant was invalid because the affidavit submitted in support of that search warrant application was based on information the police obtained by trespassing into the curtilage of the residence, in violation of Defendant's Fourth Amendment rights. The Supreme Court affirmed, holding (1) a person who is the subject of a valid arrest warrant and is arrested while in a third party's residence has a right to insist the police have a reasonable belief at the time they enter the residence that the person would be present; but (2) where, as in this case, the person has disclaimed any connection to the third party's residence, he does not have a constitutional right to challenge the basis on which the search warrant issued. View "Commonwealth v. Tatum" on Justia Law