The following excerpt is from U.S. v. Spencer, 684 F.2d 220 (2nd Cir. 1982):
In his argument that the district court erred in denying his motion to suppress the evidence seized by the police, the defendant raises several issues. He claims that the bench warrant upon which the search was predicated was issued without a determination of probable cause and without reason to believe that he was within his home, contrary to the holding in Payton v. New York, 445 U.S. 573, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980). Defendant also contends that Payton permits entrance into a suspect's home to effect his arrest only in felony cases, not for misdemeanors. Defendant further argues that, in any event, the police entry was unlawful because it was made without announcement of its purpose and the authority for it. Finally, he asserts that any evidence discovered in his room which was incriminatory as to the bank robberies was seized illegally.
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