Category Archives: Arrest or entry on arrest

ID: Right-result, wrong-theory rule requires preservation of the alternative argument

The state can’t use the right-result, wrong-theory rule when it doesn’t preserve the alternative argument to give the other party the opportunity to develop the record. State v. Hoskins, 2019 Ida. LEXIS 108 (June 13, 2019). The evidence available to … Continue reading

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LA3: “Defendant may not retreat to the curtilage of his home to avoid arrest.”

“Defendant may not retreat to the curtilage of his home to avoid arrest.” State v. Nolan, 2019 La. App. LEXIS 1085 (La. App. 3 Cir. June 12, 2019). The smell of marijuana was justification for search of defendant’s person. A … Continue reading

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D.Mont.: PC to arrest also justifies extension of a stop

There was probable cause to arrest, and that also justified the extension of the stop. The actual arrest doesn’t have to happen during the extension. United States v. Phillips, 2019 U.S. Dist. LEXIS 89962 (D. Mont. April 12, 2019), adopted, … Continue reading

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NY1: Protective arrest of juvenile for health and safety reasons just to get him to court violates 4A

The protective arrest of a juvenile under the Family Court Act violates the Fourth Amendment. This has been a longstanding practice, and no bad motives are attributed to anyone, but this practice can’t continue. Matter of Zavion O. (Donna O.), … Continue reading

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IL: Kentucky officers investigated aggravated DUI with an accident on Ohio River bridge; remanded for findings of GFE

Defendant was involved in an accident on the Brookport Bridge between Illinois and Kentucky, and he was originally charged in Kentucky. On closer examination, the accident was determined to be in Illinois, so that case was dismissed, and it was … Continue reading

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D.S.D.: Tribal officers can stop non-Indians for apparent offenses on tribal lands

While tribes generally do not have criminal jurisdiction over non-Indians, tribal officers can stop people for apparent offenses on tribal lands. Defendant’s pretextual stop argument is rejected because there was an objective basis for it. United States v. Santistevan, 2019 … Continue reading

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NY4: Def’s statements during execution of SW where he wasn’t arrested weren’t custodial

“We reject defendant’s contention that County Court erred in refusing to suppress statements that he made to the police during the execution of a search warrant at his residence and thereafter at the police station. Defendant contends that he was … Continue reading

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C.D.Ill.: Def counsel had no duty to raise lack of an AW because it’s a frivolous argument

Defense counsel had no duty to raise lack of an arrest warrant for defendant’s arrest because it was frivolous and wouldn’t affect the outcome of the case at all. Brown v. United States, 2019 U.S. Dist. LEXIS 69027 (C.D. Ill. … Continue reading

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CA10: QI properly granted in homeowner’s 4A claim against officer executing arrest warrant for another

The district court properly granted qualified immunity to a trailer resident’s Fourth Amendment claims against a deputy sheriff stemming from a search and seizure conducted while executing an arrest warrant for a guest staying in the trailer. The law was … Continue reading

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CA8: Entry onto def’s back porch with arrest warrant was reasonable

The entry to defendant’s back porch was reasonable because he was there with an arrest warrant. On the back porch he saw some potential equipment for a meth lab. When the police applied for a search warrant, the product of … Continue reading

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S.D.Cal.: Fire call about structure fire was erroneous, and further entry into backyard was unreasonable

The San Diego County Fire Department got a call about a structure fire. When they arrived, it turned out to be a small fire in a brush pile in defendant’s backyard that was virtually out. The exigency dissipated and it … Continue reading

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OH5: Traffic stop on recalled AW still valid under GFE

A traffic stop based on a recalled warrant was still reasonable under the good faith exception of Evans and Herring. When she was arrested, her purse was subject to search incident: “Accordingly, because [her] purse was voluntarily brought outside the … Continue reading

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