Category Archives: Arrest or entry on arrest

TX7: Def had no standing to challenge the seizure of an aborted fetus’s DNA

Defendant had no standing to challenge the seizure of an aborted fetus’s DNA that connected him to the pregnancy. Sharp v. State, 2020 Tex. App. LEXIS 9025 (Tex. App. – Amarillo Nov. 17, 2020). Officers had an arrest warrant for … Continue reading

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CT: State failed to prove proximity to premises under Summer and Bailey

The state at first didn’t rely on Summers and Bailey for proximity to the place searched for detaining and searching defendant. The trial court suggested it. Then they didn’t prove sufficient proximity to justify the stop. State v. Rolon, 2020 … Continue reading

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N.D.Ohio: Arrest during mayor’s civil unrest proclamation was unreasonable, and vehicle plain view suppressed

Defendant’s arrest under the Cleveland Mayor’s civil unrest proclamation was unreasonable, and the plain view was a result of the illegal arrest. United States v. Long, 2020 U.S. Dist. LEXIS 213676 (N.D. Ohio Nov. 16, 2020). Petitioner generally claimed the … Continue reading

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WV: Officer’s subjective belief in his ability to arrest DUIs statewide was unreasonable under Heien

“However, Heien does offer some insight into the type of ‘mistake’ which may provide relief-the area upon which the circuit court below focused. The Court concluded that ‘[t]he Fourth Amendment tolerates only reasonable mistakes, and those mistakes-whether of fact or … Continue reading

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CA4: Govt didn’t have requisite cause to enter home of another on an arrest warrant for def

A fascinating Payon / Steagald case: The police here lacked probable cause or even a lower standard of information [the court considering the slightly differing views of the circuits] to believe that defendant lived where they entered. The government here … Continue reading

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S.D.Tex.: Arrest was with PC, despite lack of state grand jury indictment

Defendant was charged with child pornography after his computer system password was linked to it. A state grand jury declined to indict him. He sued under § 1983 in state court, and it was removed to federal court. “Without providing … Continue reading

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CA8: Ptf stated a claim for false arrest and detention without PC

Plaintiff was arrested and detained for three weeks without probable cause. Taking his claims as true at this point, he stated a claim. Bell v. Neukirch, 2020 U.S. App. LEXIS 33920 (8th Cir. Oct. 28, 2020):

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GA: Search incident to arrest without PC is suppressed

The trial court did not apply the beyond a reasonable doubt standard to the search, contrary to the state’s argument. It did apply the preponderance standard, and the record supports its finding that the state failed to show probable cause … Continue reading

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CA10: QI denied over mistakenly obtained arrest warrant

A bunch of arrest warrant affidavits were executed in a drug sweep. Plaintiff’s, however, was seriously mistaken, and he was arrested. The district court’s qualified immunity summary judgment for him is reversed. Bickford v. Hensley, 2020 U.S. App. LEXIS 33400 … Continue reading

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AR: Video of arrest wasn’t claimed below to be a const’l claim, so it’s waived

Defendant sought to suppress the video of his arrest where he held a knife to his throat but he cited nothing for the Fourth, Fifth, or Sixth Amendment, but he did cite Rule 403. The state argued it was evidence … Continue reading

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CA10: Def’s flight into house to avoid arrest justified police entry because of exigency and hot pursuit

Police initiated arresting defendant outside his home, and he fled into his house to avoid it. The warrantless entry into his home was justified by probable cause for the arrest and exigent circumstances of both destruction of evidence and hot … Continue reading

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D.S.C.: Going from and back to house after drug deals showed nexus

Defendant’s going from and back to his house after drug deals showed nexus to the house for a search warrant. United States v. Jaqu, 2020 U.S. Dist. LEXIS 183603 (D.S.C. Oct. 5, 2020). Plaintiff’s claim that he should have been … Continue reading

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CA11: Under GA law, court clerk qualified as “neutral and detached magistrate” for arrest warrants

Plaintiff “raised a section 1983 claim under the Fourth Amendment alleging that McCord did not have legal authority to issue the warrant. The district court concluded that Georgia law authorized McCord to issue warrants. Applying the Supreme Court’s two-part test … Continue reading

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GA retains common law that permits resistance to unlawful arrest

A fascinating recitation of the common law of arrest and the ability to resist an unlawful arrest: As the law existed when the common law was adopted by statute in Georgia in 1776, there was such authority. Most states changed … Continue reading

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DC: PC to arrest isn’t necessarily PC to search; Terry stop evolved into PC

Probable cause to arrest is not necessarily probable cause to search. Defendant’s initial detention under Terry was justified and evolved into probable cause. “Mr. Ellison also argues that his pre-arrest detention was longer than permitted under Terry’s rationale permitting brief … Continue reading

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CA6: Leon‘s GFE applies to arrest warrants

“And while Leon’s exception to the exclusionary rule arose in the context of a search warrant allegedly lacking probable cause, we think the Court would extend its basic rules to arrest warrants too. Cf. Herring v. United States, 555 U.S. … Continue reading

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