Category Archives: Common law

Today is [or maybe] the 414th anniversay of Semayne’s Case and judicial recognition of knock-and-announce and the castle doctrine

Today (as best as can be determined) is the 414th anniversary of Semayne’s Case recognizing both knock-and-announce and the castle doctrine at common law. Back then, the dates of decisions weren’t as important and they appeared in reporters well after … Continue reading

Posted in Common law, Knock and announce, SCOTUS | Comments Off

Cato: Protecting the Home from Warrantless Searches: Collins v. Virginia

Cato: Protecting the Home from Warrantless Searches by Jay Schweikert:

Posted in Common law, SCOTUS | Comments Off

Foundation for Economic Education: Who Was the Founding Father of the Fourth Amendment?

Foundation for Economic Education: Who Was the Founding Father of the Fourth Amendment? by Gary M. Galles:

Posted in Common law | Comments Off

OK: Off-duty out of jurisdiction officer could make a citizen’s arrest

An off-duty police officer was driving from Tulsa where he worked to neighboring Broken Bow in his police car when he was passed by defendant speeding. He didn’t take action until the driving got otherwise erratic, nearly hitting the concrete … Continue reading

Posted in Common law | Comments Off

CA8: Officer taking custody after citizen’s arrest did not violate clearly established law

An officer received a report of a disorderly misdemeanor in progress and arrived to see part of it. While the facts were conflicting, there was still probable cause for the arrest. The law of citizen’s arrest is not so obvious … Continue reading

Posted in Arrest or entry on arrest, Common law, Qualified immunity | Comments Off

ID: Interstate bus driver’s opening backpack was private search even though officer was watching

An interstate bus traveling from Portland OR to Salt Lake City stopped in Boise. The bus driver was moving luggage around to straighten it up for the boarding passengers, and he smelled marijuana coming from a backpack. He called the … Continue reading

Posted in Common law, Private search | Comments Off

PA: SW affidavits not yet revealed to def; investigation could be compromised

Reviewing the affidavits for the three search warrants, the court is convinced that there is still a risk of compromising the investigation, so the search warrants will remain under seal as to the potential defendant. The court recognizes the right … Continue reading

Posted in Common law, F.R.Crim.P. 41, Reasonable suspicion | Comments Off

CA11: Writ for body attachment for unpaid child support supports search incident

“This appeal presents a question of first impression about the Fourth Amendment: Can the police arrest someone based solely on a civil writ of bodily attachment for unpaid child support? Ted Phillips appeals his conviction of being a felon in … Continue reading

Posted in Arrest or entry on arrest, Common law, Search incident | Comments Off

OR: WA state trooper couldn’t make stop in OR under statute or common law; citizen’s arrest doesn’t apply to traffic offenses

Defendant was stopped for speeding by a Washington State Trooper who followed defendant into Oregon. The out-of-state officer didn’t have any statutory authority for a stop and the common law didn’t permit officers outside their jurisdiction to make stops. Citizen’s … Continue reading

Posted in Arrest or entry on arrest, Common law, Consent, Probable cause | Comments Off