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20 U. Pa. J. Const. L. Online 1 (2017)

handle is hein.journals/jclon20 and id is 1 raw text is: RESOLVING THE REASONABLE BELIEF AND PROBABLE CAUSE CIRCUIT SPLIT STEMMING FROM PAYTON AND STEAGALD Steve Ragatzki* INTRODUCTION Johnny Vasquez-Algarin was at home in Harrisburg, Pennsylvania when Deputy U.S. Marshal Gary Duncan knocked on his door in 2010.1 Vasquez- Algarin did not answer the knock immediately, while Deputy Marshal Dun- can heard a lot of movement inside, including a phone ringing and a dog barking.2 But as quickly as the ringing and barking began, they stopped.3 Suspicious, Deputy Marshal Duncan, officers from the Harrisburg Bureau of Police, and the Dauphin County Drug Task Force forcibly entered the home.4 Moving inside, the officers identified sandwich baggies, a razor blade, and powdered cocaine. A broader search revealed ammunition, unused plastic bags, hundreds of small plastic bands, and car keys that opened a stolen car across the street.6 At his subsequent trial, Vasquez-Algarin moved to sup- press the evidence from the search, but was unsuccessful.' He was ultimately convicted on two drug counts.8 The rub? Deputy Marshal Duncan never had a warrant to search Vasquez-Algarin's home. Instead, Deputy Marshal Duncan only had an arrest warrant for Edguardo Rivera-a suspect in a hom- icide case-and a tip from another law enforcement officer that Rivera was staying with Vasquez-Algarin.9 J.D., Michigan State University College of Law. The author is an associate at Miller, Canfield, Paddock and Stone, PLC. He would like to thank his wife, Kyla, for her insight and support. I United States v. Vasquez-Algarin, 821 F.3d 467,469-70 (3d Cir. 2016). 2 Id. at 470. 3 Id. 4 Id. at 469-70. 5 Id. at 470. 6 Id. Vasquez-Algarin did not give consent for the search, and one officer later obtained a search warrant while the remaining officers stayed in Vasquez-Algarin's apartment. 7 Id. 8 Id. at 471. 9 Id. at 469.

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