Fourth Circuit -- US v. Torrance Hill

US v. Torrance Hill

Police officers' subjective belief that the arrestee would not be at home is sufficient to defeat the probable cause/reasonable expectation requirement for entering the house to execute an arrest warrant.

Damaged door frame, muffled voices inside, nonresponsiveness to officers' calls, and what might have been the sound of a latch being pulled are insufficient grounds for entry due to exigency.

Remand for development of the record as to whether subsequent consent cleared the taint of the initial entry.

Dissent - totality-of the-circumstances test establishes enough evidence of reasonable belief deft would be inside.  Noises probative of presence.