Category Archives: Arrest or entry on arrest

CA6: When target of an IRS summons is named, it’s not a “John Doe summons”

“There is no shortage of reasons to reject Byers’s argument. But her argument, we acknowledge, has intuitive appeal—‘Shouldn’t the government have to give a reason why it wants my information?’—and merits this fulsome response. In all, Byers has raised a … Continue reading

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Cal.1: Despite the pandemic, arrestees are entitled to a prompt judicial determination of PC

Despite the pandemic and court closures, arrestees are entitled to a prompt judicial determination of probable cause under Gerstein. Bullock v. Superior Court, 2020 Cal. App. LEXIS 575 (1st Dist. June 24, 2020). During a search of defendant’s house under … Continue reading

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OH9: Def’s observed association with wanted fugitive permitted his seizure at time of fugitive’s arrest, too.

Defendant was in a car wash and the USM fugitive task force was tailing a person in another car at the car wash. That person came over to defendant’s car and spoke to him. When the person being surveilled started … Continue reading

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GA: Officer’s request for consent to search didn’t require Miranda warning

Defendant’s questions about his arrest and the officer’s request for consent did not require a Miranda warning. State v. Pauldo, 2020 Ga. LEXIS 447 (June 16, 2020). N.9:

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NY: CBP officer at least was conducting a citizen’s arrest when he stopped def and turned him over to local police

A CBP maritime officer is not a LEO under NYS law but that didn’t void his stopping a vehicle while on duty in Buffalo for driving erratically. Buffalo officers were called, and he left to go back to work. They … Continue reading

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E.D.Ark.: “After editing out the incomplete and false portions of the warrant affidavit, the remaining information was insufficient to establish” PC

“After editing out the incomplete and false portions of the warrant affidavit, the remaining information was insufficient to establish that Green was dead and that his death was caused by the criminal act of another person. Accordingly, the Court finds … Continue reading

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OH5: Trial court’s finding of officer’s credibility where dashcam didn’t help was binding on appeal

The dashcam video was inconclusive on whether defendant stopped, but the trial court credited the officer, and that’s binding on the court of appeals. State v. Blasingame, 2020-Ohio-3087, 2020 Ohio App. LEXIS 2029 (5th Dist. May 21, 2020).* Two dashcam … Continue reading

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CA2: PC and innocence of the crime charged are different things; a search incident to arrest can still be valid

Officers had probable cause to arrest for possession of marijuana despite the fact it later turned out he was innocent of possession. The inventory of his backpack was still valid. United States v. Bignon, 2020 U.S. App. LEXIS 15972 (2d … Continue reading

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CA6: Ptf stated claim for unreasonable continued detention after state’s case collapsed when forensic search of computer came up negative

Plaintiff was arrested for child pornography when officers executed a search warrant at his house based on a video uploaded via the IP address and router in the house. There was probable cause for the arrest, but not for the … Continue reading

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CA11: Shooting passenger in a car used as a weapon unreasonable

Shooting a passenger in a car that was allegedly used as a weapon was unreasonable because the passenger had no control over the car and his shooting wouldn’t stop the car. Robinson v. Rankin, 2020 U.S. App. LEXIS 15297 (11th … Continue reading

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CA7: Even though the 4A was complied with, if the question is relevance or prejudice, a motion in limine is proper, not a motion to suppress

Just because the Fourth Amendment was complied with doesn’t mean that the evidence seized is relevant (Rule 401) or the evidence could be more prejudicial than relevant (Rule 403). Then, suppression isn’t the remedy – a motion in limine is. … Continue reading

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MA: DNA swab taken by consent during arrest without PC is suppressed, but state can do it over on remand

Defendant was arrested for murder, handcuffed and taken in for interrogation, all without probable cause. His statement was suppressed, and the state fails to show that obtaining his buccal swab during this time would clear even the low bar for … Continue reading

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HI: Repeated announcement outside tent before entry with SW satisfied knock-and-announce requirement; def was hearing impaired and slept through it

Defendant lived in a park in a “tent,” under a tarp with gaps that officers could somewhat see inside. Officers had a search warrant and they announced loudly several times their office and purpose. There was no door to knock … Continue reading

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E.D.Mich.: Innocent explanations for pole camera evidence to get SW didn’t make a Franks challenge because there still was PC

Defendant’s innocent explanations for what pole camera videos showed that were not in the affidavit for search warrant do not amount to a Franks challenge. There still was probable cause. United States v. Joye, 2020 U.S. Dist. LEXIS 66463 (E.D. … Continue reading

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KY: Detaining bystanders to facilitate the arrest of one was reasonable

State case law already permits officers to detain bystanders for a reasonable period for officer safety in execution of search warrants. The court adopts the Sixth Circuit rule and extends it to arrest warrants, too. “We hold that detaining Constant … Continue reading

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TX2: SW for seizure of blood includes the ability to analyze it

It is well settled in Texas that a search warrant for blood in a DUI case includes the ability to analyze it. Jacobson v. State, 2020 Tex. App. LEXIS 3447 (Tex. App. – Ft. Worth Apr. 23, 2020). Defendant’s CSLI … Continue reading

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