Category Archives: Arrest or entry on arrest

CA8 (en banc): Takedown of non-violent misdemeanant walking away was subject to QI

Defendant officer’s takedown of a misdemeanant who was walking away from him wasn’t clearly established and he gets qualified immunity. Kelsay v. Ernst, 2019 U.S. App. LEXIS 24059 (8th Cir. Aug. 13, 2019) (en banc; 4 dissents)*:

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S.D.Ga.: Suspicionless probation search condition doesn’t need to be part of the sentencing order to be valid

Defendant was properly subject to a suspicionless state probation condition. He had no right to have it announced in court as a part of the sentence. It occurs by operation of law. United States v. Linder, 2019 U.S. Dist. LEXIS … Continue reading

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N.D.Ala.: Court describes a protective sweep as a search incident to arrest and leaves confusion

Defendant was arrested on his porch, but one could see the bedroom from there. Officers did not have a search warrant. He requested an officer to turn off the stove. A protective sweep of the bedroom was valid. “Deputy Thomas … Continue reading

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W.D.Wash.: Photographing the naked body of unconscious Taser victim in the hospital stated a claim and overcame QI

Plaintiff was unconscious in the hospital when the defendants manipulated her naked body to photograph Taser marks. She stated a claim under a 1963 Ninth Circuit case that overcame qualified immunity. Young v. Pena, 2019 U.S. Dist. LEXIS 131641 (W.D. … Continue reading

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CA8: Camper next to house was covered by SW for house

Defendant’s camper was on the curtilage right next to the house and connected by “living debris” [junk?], and “not noticeably separate from the garage, it was covered by the search warrant, whether or not it was a vehicle for Fourth … Continue reading

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N.D.Iowa: Knocking on hotel room door and grabbing def to pull him out, even with an arrest warrant, violated his constitutionally protected area

Defendant answered the door of his hotel room, and he was pulled into the hallway and officers entered the room. Their justification: They understood he had a sawed off shotgun. But, they lacked any real factual justification that he actually … Continue reading

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MO: Def’s talking too fast and not looking as good as DL photo isn’t RS

The state trooper’s focus on defendant’s purse had nothing to do with the traffic stop, and it extended the stop. Her talking fast and not looking as good as the DL photo is not reasonable suspicion. The trial court’s suppression … Continue reading

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CA4: Denial of post-trial Franks motion here subject to plain error review

Defendant’s motion for a Franks hearing came post-trial. The court of appeals declines to deny it for lack of timeliness and denies it on the merits. The Franks burden is heavy, and the record is scant. So, he’s relegated to … Continue reading

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IL: Chicago PD’s “investigative alert” arrest is without judicially approved PC and unconstitutional

“Cordell Bass was arrested solely on the authority of what the Chicago Police Department calls an ‘investigative alert.’ Department regulations allow officers to arrest people on the basis of an alert where there is probable cause to believe the suspect … Continue reading

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MI: Reaching out one’s door to pass identification doesn’t justify a “hot pursuit.” Protection of home is highest 4A value

Reaching out one’s door to pass identification doesn’t justify a “hot pursuit.” “In this case we must decide whether defendant’s constitutional right to be free from unreasonable seizures was violated when a police officer entered her home to complete her … Continue reading

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N.D.Ind.: Protective sweep during execution of arrest warrant was justified; four others inside

Officers came in with an arrest warrant, and the further protective sweep was justified because others were found inside. That protective sweep produced a sawed off shotgun. United States v. Ford, 2019 U.S. Dist. LEXIS 107424 (N.D. Ind. June 27, … Continue reading

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D.Minn.: Four month old information about guns in a drug SW on three day old information wasn’t stale

The affidavit for search warrant mentioned methamphetamine as something to be seized, and there was probable cause for it. Four month old information about firearms on the premises in a drug search warrant on information 72 hours old wasn’t stale … Continue reading

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