Category Archives: Arrest or entry on arrest

OH2: Misd arrest warrant permits reasonable entry under Steagald

The officer here found an outstanding misdemeanor arrest warrant for defendant, and a probable address where she may be living with her boyfriend. The address was an apartment building with 5-6 apartments, and the officer asked around and went to … Continue reading

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CO: Unauthorized taking of juvenile’s DNA requires suppression

Unauthorized collection of DNA from a juvenile offender is subject to suppression and it should be purged from CODIS. Casillas v. People, 2018 CO 78M, 2018 Colo. LEXIS 832 (Oct. 15, 2018). A routine traffic stop outside of a municipal … Continue reading

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DE: Officer’s training and experience in intoxicated drivers was relevant and significant to the PC showing

The officer’s training and experience in intoxicated drivers was relevant and significant to the probable cause showing in the affidavit for defendant’s BAC. He was not a mere layperson making an observation as defendant says. State v. Law, 2018 Del. … Continue reading

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The Marshall Project: Forget The Ticket–Could You Get Arrested For A Parking Violation?

The Marshall Project: Forget The Ticket–Could You Get Arrested For A Parking Violation? by Katy Naples-Mitchell:

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DE animal control officers can get arrest warrants for animal offenses

Animal control officers in Delaware have the authority to obtain arrest warrants for animal control laws. Smith v. First State Animal Center, 2018 Del. Super. LEXIS 423 (Oct. 4, 2018).* Excessive window tinting justified the stop, and the officer didn’t … Continue reading

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Cal.3: When detained on an arrest warrant, prolonging it isn’t much of an issue

Defendant was lawfully detained on an arrest warrant, and prolonging it wasn’t a real issue. People v. Delgado, 2018 Cal. App. LEXIS 896 (3d Dist. Oct. 1, 2018).* Defendant was lawfully arrested for resisting during a lawful traffic stop. He … Continue reading

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N.D.Okla.: Arrest inside the door permitted protective sweep

The arrest of the codefendant inside house permitted a protective sweep. United States v. Jones, 2018 U.S. Dist. LEXIS 166347 (N.D. Okla. Sep. 27, 2018). “These nine ineffective assistance of counsel claims are properly evaluated under the Strickland standard, meaning … Continue reading

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E.D.N.Y.: Vehicle occupant’s “dipping motion” during stop was hiding something and RS

A vehicle occupant making a “dipping motion” when a stop occurs like they’re putting something on the floor or under the seat, either contraband or a weapon, is reasonable suspicion. United States v. Roberts, 2018 U.S. Dist. LEXIS 161968 (E.D. … Continue reading

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D.Conn.: Targetted burner phone ringing during stop on RS was PC for def’s arrest

CIs gave information that they bought drugs from a guy with a burner phone, and the phone was ultimately linked to defendant. Based on collective knowledge, the police had sufficient information for reasonable suspicion to stop and detain defendant. Defendant … Continue reading

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FL: Use of Stringray to find def to arrest him was valid or valid under GFE

The use of a Stingray cell site simulator to find defendant to find him to arrest him didn’t violate the Fourth Amendment. Even if it did, the good faith exception makes it valid here. Andres v. State, 2018 Fla. LEXIS … Continue reading

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N.D.Ind.: Once the police see PC, they don’t have to investigate alternative theories to dispel it

Defendant’s theoretical possibilities that more could have been done to investigate doesn’t undermine the probable cause that already existed. The police didn’t have to investigate all the alternatives to what could have been when they had probable cause as to … Continue reading

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D.Kan.: Having a 15-year-old runaway in a motel room falsely implying a marital relationship is exigency for entry

Defendant was accused of staying in a motel with a 15-year-old runaway apparently listed with the hotel as his likely wife, and the facts presented to the officers, as in other courts in similar cases, provided exigent circumstances. Probable cause … Continue reading

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