US V Patane Supreme Court Case

On June 6, Detective Josh Benner received a call from an agent with the Federal Bureau of Alcohol, Tobacco, and Firearms stating that a county probation officer told him Samuel Patane was in possession of a Glock .40 caliber pistol. Detective Benner then called Linda O’Donnell to ask about the gun, and coincidentally Officer Fox was already at O’Donnell’s home. She was responding to a call from O’Donnell saying that Patane had violated his restraining order by calling her and hanging up. When O’Donnell pushed *

69, she recognized that it was Samuel Patane’s home phone number. O’Donnell told the police about a list Patane had of people he wanted to kill, and she told them that she was afraid for her life. The officers drove over to Patane’s house to confront him about violating the restraining order, and to arrest him. Despite Patane denying the hang-up phone call, and having any contact with O’Donnell, Officer Fox handcuffed him and told him that he was under arrest. Detective Benner, who had been in back of the house in case Patane tried to run out, walked to the front of the house and began advising him of his rights. Detective Benner only got to “you have the right to remain silent” when he was interrupted by Patane who claimed that he was aware of his rights. When he asked Patane what guns he owned, Patane replied that the police already had one in custody and that he didn’t want to tell him about his other one because he didn’t want Detective Benner to take it. Detective Benner told him that he needed to know about the other guns he had, and Patane told him where the Glock pistol was hidden. Patane gave Detective Benner permission to go inside and get the gun that was found on a shelf in his bedroom. The district court concluded that the police lacked probable cause for arresting Patane. The Government, who is the appellant, claims that the district court made an error when they came to that decision.

My opinion for this case is probably the same as most people. When the courts make the decision they should take into consideration that the police

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