Tracy Renee Pennington v. West Virginia

In Payton v. New York, 445 U.S. 573 (1980), this Court recognized that an arrest warrant permits entry into a house only if there is “reason to believe” the arrestee lives there and is present. Courts are deeply divided on whether “reason to believe” requires probable cause or a lesser degree of suspicion. The Third, Fourth, and Ninth Circuits, as well as seven state supreme courts, all hold that probable cause is required. The Second, Tenth, and D.C. Circuits, as well as seven additional state supreme courts, hold that probable cause is not required and a lesser showing is sufficient. In this case, the State conceded that probable cause did not exist, but the West Virginia Supreme Court held that the entry was permissible by joining the side of the split rejecting a probable cause standard. Further, it did so in a state that is within a federal circuit, the Fourth Circuit, that has held the opposite. The Question Presented is: “When the police have an arrest warrant for a person, can they enter a home without probable cause that the person resides there and is present within?”