Category Archives: Arrest or entry on arrest

CA11: PC or not, the warrantless entry to arrest ptf violated the 4A

The parties got into an argument, and plaintiff went back into his house. The defendant came in after him. “Without deciding whether Bailey’s arrest was supported by probable cause—or, as it goes in the qualified-immunity context, ‘arguable probable cause’—we reverse. … Continue reading

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CA6: One prior excessive force claim isn’t pattern and practice in a § 1983 case

One other excessive force claim investigated by the City is not evidence of pattern and practice or failure to train. Stewart v. City of Memphis, 2019 U.S. App. LEXIS 30491 (6th Cir. Oct. 11, 2019).* Defendant’s successor 2255 also raises … Continue reading

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Cal.2: The exclusionary rule doesn’t apply in PC determations for arrest; that’s to be litigated later

At a probable cause determination, the legality of the arrest for an attempt at applying the exclusionary rule isn’t appropriately litigated. That comes after the charges land in Superior Court. Barajas v. Appellate Div. of the Superior Court, 2019 Cal. … Continue reading

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D.Nev.: Govt’s stated intent to forfeit requires motion for return of property be denied

Motion for return of property seized five weeks ago is denied. The government will image electronics and return them. That which is subject to forfeiture has to await it. United States v. Wells, 2019 U.S. Dist. LEXIS 168017 (D. Nev. … Continue reading

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OH1: State had burden to show inventory policy was followed and done in good faith

When the state relies on inventory to justify a search of a car, it has to put on proof that the inventory policy was followed and that it was done in good faith. State v. Beasley, 2019-Ohio-3936, 2019 Ohio App. … Continue reading

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CA11: Ptf arrested on incorrect computer entry had 4A rights violated, but defs get QI

Plaintiff paid his fine for a speeding ticket and that was to avoid probation. The probation officer was in court and heard all that. Some clerk, however, entered into the computer system that he was on probation. Plaintiff was later … Continue reading

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OH2: On entry to arrest defendant when children were found at home, it was not unreasonable to look for others to care for them

On arresting defendant at home, the police later obtained a search warrant, too. The initial entry into the rest of the house to look for someone to tend to the children with defendant at the time of arrest was reasonable. … Continue reading

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AL: Failure to have arrest warrant in hand under state law voids the arrest and the search incident that occurred; Heien inapplicable

Defendant was unreasonably and mistakenly arrested without the officer having the arrest warrant in hand as required by state law, and the search incident to the arrest is suppressed. The court finds Heien and the good faith exception inapplicable because … Continue reading

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W.D.Wis.: Officers had a reasonable belief under Payton def was on the premises for execution of an arrest warrant

Based on surveillance, officers had a reasonable belief, even probable cause, to believe that defendant was in the house when they came with an arrest warrant. United States v. Burgess, 2019 U.S. Dist. LEXIS 157755 (W.D. Wis. Aug. 12, 2019),* … Continue reading

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D.N.M.: Search and seizure claim against USSG enhancement doesn’t have to be decided; it applies another way

Defendant sort of raised a search claim as attacking a USSG enhancement, but the court finds that the enhancement applies no matter what. Martinez v. United States, 2019 U.S. Dist. LEXIS 154693 (D. N.M. Sept. 11, 2019).* Defendant’s unconstitutional arrest … Continue reading

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GA: Police were reasonable in stopping def because he looked like the guy wanted in an arrest warrant although it turned out he wasn’t the guy

Officers could approach defendant to talk to him because he generally fit the description and location of a person named in an arrest warrant. It turned out that he wasn’t the guy, but it doesn’t make it unreasonable to stop … Continue reading

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MA: Hearings on criminal complaints don’t have to be open, but the record has to be later

The Massachusetts court previously held that hearings on the issuance of criminal complaints are not presumptively public. A particular hearing was requested after the fact. The court holds that the issuing court must electronically record all such hearings and consider, … Continue reading

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