United States v. Reeves

I write separately to emphasize what I see as unnecessarily broad language explaining the “constructive entry” doctrine. Constructive entry is deemed to have occurred where police, although they do not cross the threshold and physically enter a home as required by Payton v. New York, 445 U.S. 573, 576, 590, 100 S.Ct. 1371, 63 L.Ed.2d 639 (1980), use excessive coercion to force someone from the home. United States v. Maez, 872 F.2d 1444 (10th Cir.1989) (applying Payton). Under the majority’s formulation, this question submits to a bright line rule: any “show of force” that induces a suspect to…