Category Archives: Arrest or entry on arrest

N.D.Ala.: Def had no standing to complain of illegal “arrest” of a corporation

Defendant has no standing to complain of the alleged illegal arrest of a corporation, even if it could be. United States v. Cargill, 2020 U.S. Dist. LEXIS 9581 (N.D.Ala. Jan. 21, 2020). “All together, the Defendant’s resemblance to Jose Corpus, … Continue reading

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CA6: Frisk for eating out of a dumpster was unreasonable

Plaintiff’s frisk for eating out of a dumpster was unreasonable. He wasn’t committing any crime. Jones v. City of ElyriaJones v. City of ElyriaJones v. City of Elyria, 2020 U.S. App. LEXIS 1609 (6th Cir. Jan. 17, 2020).* There was … Continue reading

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C.D.Ill.: SW for premises need not state the owner’s name

Defendant was observed doing four controlled buys, and he went back to his girlfriend’s house in her car each time. “Defendant contends that the affidavit lacked probable cause because it did not state who owned the Residence, whether Defendant lived … Continue reading

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W.D.Ky.: Asking questions while writing out a warning ticket do not measurably extend a stop

Asking questions while writing out a warning ticket do not measurably extend a stop. United States v. Green, 2020 U.S. Dist. LEXIS 4421 (W.D. Ky. Jan. 10, 2020). Defendant’s arrest was valid, so his statement wasn’t fruit of the poisonous … Continue reading

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E.D.Ark.: Def’s parole search permitted at his mother’s house while he was visiting there; no REP

Defendant claims in his 2255 that, while he was on parole with a search waiver on file, he was searched at his mother’s house and not at his listed address, and his counsel was ineffective for not challenging it. He … Continue reading

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IL: PC for arrest can arise from being with somebody else apparently committing a crime

Probable cause for arrest can arise just from defendant’s connection and close association with others. Here, others were arrested for passing counterfeit bills, and defendant arrived in the same car. People v. Braswell, 2019 IL App (1st) 172810, 2019 Ill. … Continue reading

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FL2: Standing aside when answering door for police as to whether someone is inside is consent to entry by action

When police are at the door and ask for a person, and the person answering the door steps aside, it is apparent authority to enter that the wanted person is inside. State v. Smith, 2019 Fla. App. LEXIS 19116 (Fla. … Continue reading

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WaPo: Authorities shot a woman during a botched raid at her home. The real suspect was already in jail.

WaPo: Authorities shot a woman during a botched raid at her home. The real suspect was already in jail. By Derek Hawkins (“Ann Rylee was curled up on her recliner, drifting back to sleep after seeing her fiance off to … Continue reading

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CA1: Routine booking fingerprints even in an unlawful arrest not subject to exclusionary rule and are reasonable

Routine taking of booking fingerprints held not unreasonable, even if the arrest turned out to be unlawful. The district court held that they were admissible by inevitable discovery because the officers would have found that defendant was here unlawfully. The … Continue reading

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IA: Arrest of the “wrong guy” under a warrant unreasonable where no effort made to determine if he was the right guy or not

Arrest of the “wrong guy” under a warrant here was unreasonable. Defendant claimed he was the wrong Troy Ford, and the officer searched him finding drugs before even attempting to verify whether he was the right one. It didn’t take … Continue reading

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Daily Beast: Trump Is First to Use PATRIOT Act to Detain a Man Forever

Daily Beast: Trump Is First to Use PATRIOT Act to Detain a Man Forever by Spencer Ackerman (“Never in 18 years has the government used Section 412 of the PATRIOT Act, which permits indefinite detention of resident aliens on national-security … Continue reading

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MI: Seizing def’s home without reason to believe a wanted person was inside violated 4A

“The police officers violated the defendant’s constitutional right to be free from an unreasonable search and seizure when they exceeded the proper scope of a knock and talk by approaching and securing the defendant’s home without sufficient reason to believe … Continue reading

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