Category Archives: Arrest or entry on arrest

OH2: Description of “things to be seized” couldn’t be more particular

The search warrant for child pornography was particular and not overbroad. No more particular description was reasonably expected. “Under the circumstances, the search warrant could not reasonably have described the items more precisely.” Defendant’s search residence was in Wisconsin, and … Continue reading

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GA: Allegedly illegally seized journals the state agreed not to use could be used as prior inconsistent statements when def testified

Defendant’s journals were allegedly illegally seized, and the state agreed not to use them. Defendant testified, and the state sought to put the journals into evidence for impeachment as a prior inconsistent statement. When the trial court allowed it, defendant … Continue reading

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ID: Search of driver while waiting for confirmation of outstanding warrant suppressed; second search after finding it was valid; no inevitable discovery

Defendant was stopped for a traffic offense, and it came back that there might be a warrant for him. Under state practice, the police then seek confirmation of the warrant before acting on it. Here, however, defendant was frisked incident … Continue reading

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OH10: Def walking down street with a bullet magazine on belt wasn’t violating law and he could ignore officers

Defendant was walking down the street, and officers noticed he had a bullet magazine on his belt. They followed him to his residence, and he declined to talk to them and went inside. Their entry into his residence violated the … Continue reading

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CA11: Protective sweep was justified by an extra car out front and voices from inside

A protective sweep was justified by an extra car out front and voices from inside. United States v. Ratcliff, 2018 U.S. App. LEXIS 5443 (11th Cir. Feb. 28, 2018). Officer “knocked” on defendant’s tent at a campsite to talk to … Continue reading

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M.D.Ala.: Ordering man to crawl out of hotel room before entry was reasonable where officer had arrest warrants for occupant

Defendant was ordered out of a hotel room for officer safety by crawling out. Viewed as a Terry stop, it lacked reasonable suspicion [so why decide it?] but the officers were there with arrest warrants, and that was reasonable under … Continue reading

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E.D.Va.: Arrest at the threshold wasn’t an entry in violation of 4A

Police received a call about drug trafficking, and, when they arrived, they could smell marijuana. That was enough. “Jones unsuccessfully attempts to distinguish between possession of marijuana for commercial activity—i.e., selling it—and possession for personal use.” Officers knocked at the … Continue reading

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MA: Officer could follow def into open garage during active drug trafficking investigation

“A Superior Court judge properly denied a criminal defendant’s pretrial motion to suppress evidence discovered following a police officer’s warrantless entry into an open garage through which the officer followed the defendant after observing him standing inside it during a … Continue reading

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The Daily Report/Law.com: ACLU Release Research on Arrest Warrants for Private Debt

The Daily Report/Law.com: ACLU Release Research on Arrest Warrants for Private Debt

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WI: Def’s confession alone wasn’t enough to turn voluntary questioning into detention

Defendant argued that his confession to murder transformed his status from a voluntary appearer at the police station to a person in custody. No; it’s but a factor in custody. “We therefore conclude that although an admission of guilt to … Continue reading

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D.Kan.: After entry to arrest parole absconder, the govt could rely on protective sweep, plain view, and plain smell doctrines to expand the entry

Officers had a parole absconder warrant to retake defendant. At his motel room door, they could smell marijuana inside. After the entry, the government could rely on protective sweep, plain view, and plain smell doctrines to expand the entry. Finally, … Continue reading

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CA6: LEO’s conviction for criminal civil rights violation for wrongful entry to arrest affirmed

Defendant was a police officer and he’s convicted here of cirminal civil rights violation for wrongful entry into the victim’s house. The event started when the victim came home to his apartment building, found defendant parked in his parking spot, … Continue reading

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