Category Archives: Arrest or entry on arrest

C.D.Cal.: Inquiry into actions of others besides the officers involved in search is a new Bivens claim and barred

“Second, the type of evidence necessary to prove Plaintiffs’ case differs from Bivens. Bivens required only an inquiry into the actions of arresting officers. Meanwhile, Plaintiffs challenge the propriety of Zellhart’s warrant application and special search procedures, requiring the Court … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Pretext | Comments Off on C.D.Cal.: Inquiry into actions of others besides the officers involved in search is a new Bivens claim and barred

WA: Brief detention on no bail FTA warrant wasn’t unreasonable where there was a PC determination within 48 hours

A no bail bench warrant for FTA wasn’t unreasonable because a probable cause determination was made within 48 hours. State v. Clare, 2024 Wash. App. LEXIS 462 (Mar. 12, 2024). Defendant’s search incident occurred before the arrest. To be lawful, … Continue reading

Posted in Arrest or entry on arrest, Qualified immunity, Search incident | Comments Off on WA: Brief detention on no bail FTA warrant wasn’t unreasonable where there was a PC determination within 48 hours

W.D.N.C.: Def agreed to electronic monitoring as a condition of release

Defendant agreed to electronic monitoring as a condition of release, so it was admissible in evidence. United States v. Anthony, 2024 U.S. Dist. LEXIS 40422 (W.D.N.C. Mar. 6, 2024). Defendant’s improper lane change was seen in the rearview mirror, so … Continue reading

Posted in Arrest or entry on arrest, Probable cause, Reasonable suspicion, Surveillance technology | Comments Off on W.D.N.C.: Def agreed to electronic monitoring as a condition of release

W.D.Pa.: Prisoners stated 4A claim for recording of attorney-client calls

Prison inmates stated a claim where their prison calls to their lawyers were recorded by the provider without their knowledge. “ICS’ contention that the recording here was proper because inmates have a lowered expectation of privacy is inapplicable. First, while … Continue reading

Posted in Arrest or entry on arrest, Informant hearsay, Prison and jail searches | Comments Off on W.D.Pa.: Prisoners stated 4A claim for recording of attorney-client calls

MN: Evans rejected under state constitution; arrest on quashed warrant invalid

“Because we recognize several purposes served by the exclusionary rule, including deterring unlawful government conduct generally, and we conclude that applying the exclusionary rule here serves these remedial goals, we decline to extend the good-faith exception to the exclusionary rule … Continue reading

Posted in Arrest or entry on arrest, Exclusionary rule, Good faith exception | Comments Off on MN: Evans rejected under state constitution; arrest on quashed warrant invalid

TX5: lack of a prompt determination of PC to detain def is moot by the time the trial starts

The lack of a prompt determination of probable cause to detain defendant is moot by the time the trial starts. Moses v. State, 2024 Tex. App. LEXIS 950 (Tex. App. – Dallas Feb. 6, 2024). “Taking as true that Agent … Continue reading

Posted in Arrest or entry on arrest, Excessive force, Seizure | Comments Off on TX5: lack of a prompt determination of PC to detain def is moot by the time the trial starts

C.D.Cal.: Gang tattoo, baggy clothing, high crime area was RS

“Here, Officer Wardle considered an amalgam of factors: Ortiz was stopped in a high-crime area; he had a clearly visible gang tattoo; and he was wearing baggy clothing capable of concealing a weapon. While the Officers in this case did … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion | Comments Off on C.D.Cal.: Gang tattoo, baggy clothing, high crime area was RS

VA: Capias for detention of person not functional equivalent of arrest warrant; no PC finding

A Virginia capias for detention of a person is not the functional equivalent of an arrest warrant founded on sworn probable cause. The police view of the inside of defendant’s home that led to a search warrant is suppressed. Commonwealth … Continue reading

Posted in Arrest or entry on arrest, Cell phones, Cell site location information, Qualified immunity | Comments Off on VA: Capias for detention of person not functional equivalent of arrest warrant; no PC finding

IL: A detention hearing right after arrest is not the place for a suppression hearing

A detention hearing right after arrest is not the place for a suppression hearing. Thus, the detention hearing court did not err in not considering Fourth Amendment issues. People v. Parker, 2024 IL App (1st) 232164, 2024 Ill. App. LEXIS … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion, Suppression hearings, Warrant papers | Comments Off on IL: A detention hearing right after arrest is not the place for a suppression hearing

CA5 (en banc): Arrest of “citizen journalist” under a statute never declared unconstitutional was with QI

“Villarreal fails to satisfy her burden on either [qualified immunity] prong. This is not a case about a ‘citizen journalist just asking questions.’ That clever but misleading phrase cannot relieve this court of our obligation to evaluate Villarreal’s conduct against … Continue reading

Posted in Arrest or entry on arrest, Probable cause, Qualified immunity | Comments Off on CA5 (en banc): Arrest of “citizen journalist” under a statute never declared unconstitutional was with QI

CA2: Reason to believe ptf was inside justified entry with arrest warrant under Payton

Officers had an arrest warrant for plaintiff, and that gave them the ability to enter his home to look for him under Payton when they had a reasonable belief he was inside. Engelmayer v. Engelmayer, 2024 U.S. App. LEXIS 1617 … Continue reading

Posted in Arrest or entry on arrest, Issue preclusion, Probable cause | Comments Off on CA2: Reason to believe ptf was inside justified entry with arrest warrant under Payton

CA3: Cuffing and taking def in on RS for a show-up was not a de facto arrest

Removing defendant on reasonable suspicion from a high crime area to the police station for a show-up and further identification was not unreasonable. It did not become a de facto arrest. United States v. Carter, 2024 U.S. App. LEXIS 1155 … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion | Comments Off on CA3: Cuffing and taking def in on RS for a show-up was not a de facto arrest

N.D.Ohio: Arrest of County Commissioner for speaking at public meeting shown 1A retaliation and without PC

Plaintiff is a County Commissioner arrested by police at a Commission meeting for being disruptive. The arrest was shown to be First Amendment retaliation and without Fourth Amendment probable cause. Plaintiff was never ruled “out of order” by the chair; … Continue reading

Posted in Arrest or entry on arrest | Comments Off on N.D.Ohio: Arrest of County Commissioner for speaking at public meeting shown 1A retaliation and without PC

TX1: Arrest on PC when standing next to vehicle justified its search incident

Defendant’s arrest for a parole violation while he was standing next to his vehicle resulted in a search of the person finding drugs, and that justified a search incident of the vehicle, too. Badyrka v. State, 2024 Tex. App. LEXIS … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine, Qualified immunity, Search incident | Comments Off on TX1: Arrest on PC when standing next to vehicle justified its search incident

Reason: Study Estimates Roadside Drug Tests Result in 30,000 Wrongful Arrests Every Year

Reason: Study Estimates Roadside Drug Tests Result in 30,000 Wrongful Arrests Every Year by C.J. Ciaramella (“Roughly 30,000 people every year may be getting wrongfully arrested and jailed because of police departments’ widespread use of unreliable roadside field tests for … Continue reading

Posted in Arrest or entry on arrest, Drug or alcohol testing | Comments Off on Reason: Study Estimates Roadside Drug Tests Result in 30,000 Wrongful Arrests Every Year

CA9: Questions about supervised release status and request for consent during traffic stop are reasonable

This traffic stop was not unreasonably extended. “Officers were permitted to ask Contreras about his supervisory release status as an ordinary inquiry incident to a traffic stop. … Officers were also allowed to conduct a criminal records search. … Likewise, … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Probation / Parole search, Reasonableness | Comments Off on CA9: Questions about supervised release status and request for consent during traffic stop are reasonable

LA4: Lack of PC finding at first appearance required OR bond

Defendant was arrested on a warrant. At the first appearance there was no determination of probable cause for the arrest, so state law required that he be ORed. The $10,000 bond is set aside. State v. Nelson, 2023 La. App. … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion | Comments Off on LA4: Lack of PC finding at first appearance required OR bond

Kansas City Star: Kansas police searched their car without a warrant, and they lost custody of their son

Kansas City Star: Kansas police searched their car without a warrant, and they lost custody of their son by Katie Moore & Katie Bernard (“It’s been more than two years since Claudia Astudillo Aguirre lost custody of her child. [¶] … Continue reading

Posted in Arrest or entry on arrest | Comments Off on Kansas City Star: Kansas police searched their car without a warrant, and they lost custody of their son

W.D.Wis.: No habeas relief for unlawful arrest

That 2254 petitioner’s state arrest was unreasonable doesn’t state grounds for relief from a conviction. Haring v. Prosise, 462 U.S. 306, 321 (1983). Ramirez v. Meisner, 2023 U.S. Dist. LEXIS 218142 (W.D. Wis. Dec. 6, 2023). Defendant had no standing … Continue reading

Posted in Arrest or entry on arrest, Issue preclusion, Qualified immunity, Standing | Comments Off on W.D.Wis.: No habeas relief for unlawful arrest

WA: Def’s first appearance where bail was set under Gerstein not critical stage requiring counsel because bail could be revisited

Defendant’s first appearance where bail was set under Gerstein was not a critical stage requiring counsel because bail could be revisited. State v. Heng, 2023 Wash. LEXIS 603 (Dec. 7, 2023). “The government contends that [the search] was justified both … Continue reading

Posted in Arrest or entry on arrest, Informant hearsay, Issue preclusion, Protective sweep | Comments Off on WA: Def’s first appearance where bail was set under Gerstein not critical stage requiring counsel because bail could be revisited