Commonwealth v. Gentile

The Fourth Amendment to the United States Constitution and art. 14 of the Massachusetts Declaration of Rights *818require that police who enter an individual’s residence to execute an arrest warrant “have a reasonable belief that the location to be searched is the arrestee’s residence, and a reasonable belief that the arrestee is in his residence at the time the arrest warrant is executed.” Commonwealth v. Silva, 440 Mass. 772, 778 (2004). See Payton v. New York, 445 U.S. 573, 603 (1980) (“an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a…