Category Archives: Arrest or entry on arrest

AR: Arrest outside officer’s jurisdiction not constitutionally unreasonable

The jurisdiction of an officer to make an arrest does not make an arrest outside of the officer’s jurisdiction unreasonable under the Fourth Amendment or the state constitution. Durden v. City of Van Buren, 2021 Ark. App. 357, 2021 Ark. … Continue reading

Posted in Arrest or entry on arrest, Dog sniff | Comments Off on AR: Arrest outside officer’s jurisdiction not constitutionally unreasonable

CA11: Mistaken identity arrest on 26 year old warrant was reasonable where names were same but DOB was not

This mistaken identity arrest was reasonable. The name and gender were the same but the DOB was not. The warrant was 26 years old. Sosa v. Martin County, 2021 U.S. App. LEXIS 28401 (11th Cir. Sept. 20, 2021):

Posted in Arrest or entry on arrest, Reasonableness | Comments Off on CA11: Mistaken identity arrest on 26 year old warrant was reasonable where names were same but DOB was not

CA11: RS included talking on phone during stop when repeatedly told to hang up

Defendant’s excessive nervousness, denial that some of the contents of the car were even his, and repeatedly talking on the phone with someone the officer suspected was coaching him what to do and say even after being repeatedly told to … Continue reading

Posted in Arrest or entry on arrest, Good faith exception, Probable cause, Reasonable suspicion | Comments Off on CA11: RS included talking on phone during stop when repeatedly told to hang up

ID: Where state constitution requires arrest warrant for completed misdemeanors, it was sufficient there was a reasonable belief officer was arresting for a completed felony

While an officer cannot arrest for a completed misdemeanor without an arrest warrant under the state constitution, the officer reasonably believed here that it could be a felony. SCOTUS’s recent opinion on the community caretaking function in Caniglia v. Strom … Continue reading

Posted in Arrest or entry on arrest, Consent, Custody | Comments Off on ID: Where state constitution requires arrest warrant for completed misdemeanors, it was sufficient there was a reasonable belief officer was arresting for a completed felony

D.Conn.: A concealed carry permit is not cause for handcuffing a motorist

A concealed carry permit is not cause for handcuffing a motorist. Soukaneh v. Andrzejewski, 2021 U.S. Dist. LEXIS 147750 (D.Conn. Aug. 6, 2021). The lack of an arrest warrant isn’t relevant in an excessive force case where officers came to … Continue reading

Posted in Admissibility of evidence, Arrest or entry on arrest, Reasonable suspicion, Strip search | Comments Off on D.Conn.: A concealed carry permit is not cause for handcuffing a motorist

CA9: Interpol “Red Notice” of another country’s arrest warrant doesn’t satisfy the Fourth Amendment

An Interpol “Red Notice” of another country’s arrest warrant doesn’t satisfy the Fourth Amendment. (DoJ agrees.) Sura v. Garland, 2021 U.S. App. LEXIS 24508 n.3 (9th Cir. Aug. 17, 2021):

Posted in Arrest or entry on arrest | Comments Off on CA9: Interpol “Red Notice” of another country’s arrest warrant doesn’t satisfy the Fourth Amendment

TX9: Court clerk can swear officer for SW application

The affidavit for search warrant does not have to be sworn to before the issuing magistrate under Texas law. A clerk will do. Fender v. State, 2021 Tex. App. LEXIS 6605 (Tex. App. – Beaumont Aug. 9, 2021). No reasonable … Continue reading

Posted in Arrest or entry on arrest, Consent, Probable cause, Qualified immunity, Warrant requirement | Comments Off on TX9: Court clerk can swear officer for SW application

E.D.Wis.: Citing forfeiture seizure statute in SW application and warrant doesn’t require forfeiture, too

The government sought a search warrant under Rule 41 and also cited the forfeiture seizure statute, 18 U.S.C. § 983. Failure to seek forfeiture doesn’t void the search. United States v. Palma, 2021 U.S. Dist. LEXIS 137870 (E.D.Wis. May 27, … Continue reading

Posted in Arrest or entry on arrest, Forfeiture, Ineffective assistance, Plain view, feel, smell, Reasonable suspicion | Comments Off on E.D.Wis.: Citing forfeiture seizure statute in SW application and warrant doesn’t require forfeiture, too

S.D.Ohio: Def’s arrest under a warrant for murder produced a gun; deterrence no value here

Defendant’s arrest under a warrant for murder also produced a gun, for which he was indicted in federal court. This is not an appropriate case for suppression because there’s no deterrence value. United States v. Gray, 2021 U.S. Dist. LEXIS … Continue reading

Posted in Arrest or entry on arrest, Exclusionary rule | Comments Off on S.D.Ohio: Def’s arrest under a warrant for murder produced a gun; deterrence no value here

Atlanta Black Star: ‘We Said No’: Los Angeles Officers Storm Black Couple’s Home Hours After They Refused a Blood Draw for Their Newborn Daughter Following a Home Birth

Atlanta Black Star: ‘We Said No’: Los Angeles Officers Storm Black Couple’s Home Hours After They Refused a Blood Draw for Their Newborn Daughter Following a Home Birth by Niara Savage (“A Black Los Angeles couple says officers stormed their … Continue reading

Posted in Administrative search, Arrest or entry on arrest | Comments Off on Atlanta Black Star: ‘We Said No’: Los Angeles Officers Storm Black Couple’s Home Hours After They Refused a Blood Draw for Their Newborn Daughter Following a Home Birth

D.D.C.: Hot pursuit of man with gun into apt was reasonable; and it wasn’t his apt

Defendant didn’t have standing to contest a warrantless entry into his close friend’s apartment when he was hiding there from the police after having fled an apparent arrest. They were also in hot pursuit of a man with a gun. … Continue reading

Posted in Arrest or entry on arrest, Hot pursuit, Protective sweep, Reasonable suspicion, Standing | Comments Off on D.D.C.: Hot pursuit of man with gun into apt was reasonable; and it wasn’t his apt

CA8: Officers had PC to arrest despite later investigation casting doubt and the criminal case getting dismissed

Officers had probable cause for plaintiff’s arrest for a sexual assault charge based on the totality of information, even though charges were later dismissed. Further later investigation cast doubt, but the officers weren’t reckless. Walz v. Randall, 2021 U.S. App. … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Probable cause, Qualified immunity | Comments Off on CA8: Officers had PC to arrest despite later investigation casting doubt and the criminal case getting dismissed

ID: Nonpayment of fine warrant not based on PC for willfulness or ability to pay; writ of prohibition granted

A clerk’s affidavit of nonpayment said nothing about willfulness of nonpayment, and there was no showing of an “ability to pay analysis” for probable cause. Writ of prohibition against the contempt arrest is granted. Beck v. Elmore County Magistrate Court, … Continue reading

Posted in Arrest or entry on arrest, Probable cause, State constitution | Comments Off on ID: Nonpayment of fine warrant not based on PC for willfulness or ability to pay; writ of prohibition granted

TX: Once hotel moves to evict a renter, any REP in the room ceases

“Appellant’s expectation of privacy in the hotel room was extinguished once the hotel staff took affirmative steps to evict him on suspicion that he was using illegal drugs in his room in violation of hotel policy. Thus, the police officers’ … Continue reading

Posted in Arrest or entry on arrest, Reasonable expectation of privacy | Comments Off on TX: Once hotel moves to evict a renter, any REP in the room ceases

E.D.Cal.: SW for single family dwelling valid even if there’s a renter living inside

A search warrant for what’s ostensibly a single family dwelling is sufficient to search the entire building, despite the fact that it turned out that there was a renter in one room. The good faith exception applies, too. United States … Continue reading

Posted in Arrest or entry on arrest, Prison and jail searches, Scope of search, Warrant execution | Comments Off on E.D.Cal.: SW for single family dwelling valid even if there’s a renter living inside

SCOTUS: Lange v. California: “Under the Fourth Amendment, pursuit of a fleeing misdemeanor suspect does not always—that is, categorically—justify a warrantless entry into a home.”

Lange v. California, 141 S.Ct. 2011 (June 23, 2021). Syllabus:

Posted in Arrest or entry on arrest, Emergency / exigency, SCOTUS | Comments Off on SCOTUS: Lange v. California: “Under the Fourth Amendment, pursuit of a fleeing misdemeanor suspect does not always—that is, categorically—justify a warrantless entry into a home.”

CA2: DL address is “reason to believe” where def lives for entry on arrest warrant

Defendant’s DL had the address where the police entered on an arrest warrant, and it led to a plain view. The DL address was “reason to believe” it was his address. United States v. Johnson, 2021 U.S. App. LEXIS 18491 … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Ineffective assistance | Comments Off on CA2: DL address is “reason to believe” where def lives for entry on arrest warrant

MI: Def’s arrest being unlawful, his statement during should be suppressed

The state supreme court having found defendant’s arrest unlawful, his statement during the arrest should have been suppressed. People v. Hammerlund, 2021 Mich. App. LEXIS 3773 (June 17, 2021) (2-1) (dissent). Detention under the Material Witness Statute that was validly … Continue reading

Posted in Arrest or entry on arrest, Probable cause, Reasonableness | Comments Off on MI: Def’s arrest being unlawful, his statement during should be suppressed

D.N.M.: Def’s failing to stop for a Terry stop doesn’t justify hot pursuit into home

Officers cannot enter a defendant’s home in hot pursuit from his failing to stop for a Terry stop on mere reasonable suspicion. United States v. Cannon, 2021 U.S. Dist. LEXIS 112705 (D.N.M. June 16, 2021). The officer’s initial observations of … Continue reading

Posted in Arrest or entry on arrest, Hot pursuit, Reasonable suspicion | Comments Off on D.N.M.: Def’s failing to stop for a Terry stop doesn’t justify hot pursuit into home

CA10: Noting circuit split, there was PC here for entry under Payton “reason to believe” standard

There was probable cause to believe defendant was in his travel trailer for an entry under Payton. The court notes a circuit split. United States v. Maley, 2021 U.S. App. LEXIS 17644 (10th Cir. June 14, 2021):

Posted in Arrest or entry on arrest | Comments Off on CA10: Noting circuit split, there was PC here for entry under Payton “reason to believe” standard