Consent to Warrantless Home Entry and Probable Cause in Counterfeit Currency Arrests

Introduction

Glover v. Onondaga County Sheriff's Department (2d Cir. Apr. 10, 2025) arises from the October 2016 arrest of Kelly Glover after she allegedly used two counterfeit twenty-dollar bills at a Wegmans supermarket in Onondaga County, New York. Plaintiff-Appellant Kelly Glover claimed that she had unknowingly received the counterfeit bills from an in-store ATM and challenged her warrantless arrest in her home, the delay in arraignment, and various related procedural rulings. The United States Court of Appeals for the Second Circuit considered (1) whether Deputy Albanese had probable cause to arrest Glover for first-degree criminal possession of a forged instrument, (2) whether Glover’s consent to home entry extinguished her Payton challenge to the warrantless arrest, and (3) whether the County’s post-release waiver form gave rise to a Monell claim. In addition, Glover appealed two discovery rulings by the district court.

Summary of the Judgment

The Second Circuit issued a summary order affirming the district court’s grant of summary judgment to the Onondaga County defendants. Key holdings include:

Deputy Albanese had probable cause to arrest Glover based on surveillance footage, physical inspection of the suspected counterfeit bills, identification via DMV records, and Glover’s own admissions.
Glover voluntarily consented to warrantless entry into her home; her request that Deputy Albanese leave came only after he announced the arrest, so Payton v. New York did not bar the entry or the arrest.
Glover’s brief detention (four hours) without formal arraignment did not violate her Fifth or Fourteenth Amendment due process rights.
The County’s “Certificate of Release and Waiver of Claims” form did not cause Glover any legally cognizable harm and therefore could not support Monell liability.
The district court did not abuse its discretion in denying late discovery motions or in deeming the summary judgment motion unopposed when Glover failed to respond with specific Rule 56(d) arguments.

Analysis

1. Precedents Cited

Payton v. New York, 445 U.S. 573 (1980) – established that warrantless home arrests require either consent or exigent circumstances.
County of Riverside v. McLaughlin, 500 U.S. 44 (1991) – held that a probable-cause determination must be made “promptly,” generally within 48 hours.
Jaegly v. Couch, 439 F.3d 149 (2d Cir. 2006) – defined the standard for probable cause in arrests under § 1983.
Weyant v. Okst, 101 F.3d 845 (2d Cir. 1996) – recognized that probable cause is a complete defense to false arrest claims.
Singer v. Fulton County Sheriff, 63 F.3d 110 (2d Cir. 1995) – outlined the elements of false arrest and imprisonment under New York and federal law.
Monell v. Dep’t of Social Services, 436 U.S. 658 (1978) – set forth municipal liability standards under 42 U.S.C. § 1983.

2. Legal Reasoning

Probable Cause and Fourth Amendment Claims. The Court applied the “totality of the circumstances” test to conclude that Deputy Albanese had ample probable cause prior to Glover’s arrest. The decisive facts were: (a) surveillance video depicting Glover tendering counterfeit bills; (b) the officer’s own inspection of bills lacking a security watermark; (c) photographic identification via the Wegmans reward card and DMV; and (d) Glover’s admission to using the bills in question. Under Jaegly and Weyant, these facts “warrant a person of reasonable caution in the belief” that Glover committed criminal possession of a forged instrument (N.Y. Penal Law § 170.30).

Warrantless Home Entry: Although Glover later demanded that Deputy Albanese leave, the Court found she had initially invited him inside when he identified himself. This voluntary consent rendered the Payton warrant requirement inapplicable.

Due Process and Arraignment Delay. Because Glover was released within four hours—well under the 48-hour threshold of McLaughlin—the brief detention without formal arraignment did not violate federal due process.

Monell Liability. To sustain a municipal‐liability claim, a plaintiff must show both a municipal policy or custom and an actual injury caused by it. Glover’s waiver form neither prolonged her detention nor served as a defense to her claims. She thus suffered no “actual injury” traceable to County policy.

3. Impact

Though issued as a non-precedential summary order, this decision reaffirms key principles governing § 1983 false arrest claims and warrantless home arrests:

Law enforcement officers need not accept an arrestee’s “innocent explanation” when credible evidence establishes probable cause (Dist. of Columbia v. Wesby, 583 U.S. 48 (2018)).
Consent to home entry, once established, negates Fourth Amendment Payton challenges even if the occupant later changes her mind upon realization of an impending arrest.
Brief detentions concluded by administrative release with no charges generally do not trigger a federal procedural‐due‐process violation.
Monell claims require a showing of not only policy or custom but also tangible harm caused by municipal action.

Future plaintiffs facing summary judgment in § 1983 actions will need to articulate how withheld discovery is “germane” and non-cumulative under Rule 56(d), as reaffirmed here.

Complex Concepts Simplified

Probable Cause: A reasonable belief, supported by facts, that a crime has been committed. It falls short of proof beyond a reasonable doubt but exceeds mere suspicion.
Payton Rule: Absent consent or emergency, police must obtain a warrant before entering a private home to make an arrest.
Summary Judgment: A court’s decision to dispose of a case without a trial, granted when there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.
Monell Claim: A lawsuit against a city or county under 42 U.S.C. § 1983, alleging that a local government’s policy or custom caused a constitutional violation.
Rule 56(d) Motion: A request to delay or deny summary judgment so the non-moving party can obtain additional discovery essential to respond.

Conclusion

Glover v. Onondaga County Sheriff's Department reinforces the robust standard for probable cause in counterfeit‐currency arrests and clarifies that voluntary consent to entry bars Fourth Amendment challenges under Payton. The decision also underscores that brief, post‐arrest detentions without formal arraignment do not necessarily violate due process, and that a municipal waiver form, absent tangible harm, cannot support Monell liability. Practitioners should take heed of the Court’s strict approach to Rule 56(d) requests and its insistence on clear evidence of injury to sustain municipal‐liability claims.