Category Archives: Arrest or entry on arrest

VA: PC for stop for reckless driving didn’t get stale in 3 hours

The officer saw defendant recklessly driving, but wasn’t able to stop him. Staleness for arrest for that did not dissipate within three hours before he saw defendant again. Hairston v. Commonwealth, 2017 Va. App. LEXIS 99 (April 11, 2017) (see … Continue reading

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WV: Smell of burning MJ coming from def’s house was justification to enter

Officers approaching defendant’s house could smell marijuana. When the door was opened, the smell got stronger, and that justified a warrantless entry. State v. Ott, 2017 W. Va. LEXIS 256 (April 10, 2017) (memorandum). The CI never said he was … Continue reading

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IL: Def’s statement after illegal arrest when confronted with bogus GSR test was not attenuated

Defendant’s statement six hours after his illegal arrest when confronted with a bogus GSR test was not attenuated. People v. Hernandez, 2017 IL App (1st) 150575, 2017 Ill. App. LEXIS 206 (March 31, 2017):

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Two on Miranda custody

Asking defendant whether he drove to the place where he was detained was not within the “public safety” exception of Miranda. His car, however, being left in an emergency zone when he was arrested permitted inventory for the gun under … Continue reading

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IL: SI on an arrest with PC but made without a warrant removing def from house was valid; SI occurred outside

Defendant was unlawfully arrested inside his home without a warrant. He was taken outside and frisked and a gun was found. The gun will not be suppressed under existing Illinois precedent. “As a result, we find the cases cited by … Continue reading

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CA10: The common law “in the presence” requirement for warrantless misdemeanor arrests isn’t mandated by 4A

There was probable cause to arrest defendant when he became combative about being questioned for a theft from a Walgreens two days earlier which resulted in a six month sentence. Plaintiff’s argument that the off-duty officer couldn’t arrest without an … Continue reading

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E.D.Ky.: Def’s handcuffing was not an arrest, but it was custody for Miranda purposes

“The Court finds that Sydnor was not placed under formal arrest when officers handcuffed him at the beginning of the search. However, Sydnor was in custody for purposes of Miranda during the search. Regarding the statements themselves, the first one … Continue reading

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MN: Arrest warrant permits entry into home of third party for arrest of guest

“Neither the United States Constitution nor the Minnesota Constitution requires police to obtain a search warrant before entering a third party’s home to execute a lawfully issued arrest warrant for a guest.” State v. deLottinville, 2017 Minn. LEXIS 55 (Feb. … Continue reading

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FL: Hot pursuit for misd possession of MJ and nonviolent fleeing does not permit warrantless entry into the home

Hot pursuit for misdemeanor possession of marijuana and nonviolent fleeing does not permit a warrantless entry into the home. State v. Markus, 2017 Fla. LEXIS 233 (Jan. 31, 2017), aff’g Markus v. State, 160 So. 3d 488 (Fla. 1st DCA … Continue reading

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ID: Driving on a suspended DL supports a search incident of the person

The officer knew defendant had a suspended DL, and seeing him drive to a convenience store justified his detention and arrest. A frisk incident to the arrest produced drug paraphernalia which was validly found. State v. Lee, 2017 Ida. App. … Continue reading

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