Category Archives: Arrest or entry on arrest

D.Mass.: Renter of car who loaned it out still had standing in the car

Defendant rented a car in his name two weeks before the search. He had standing in the car when somebody borrowed it and was stopped. The court declines to find that the dog handler cued the dog. Audio of a … Continue reading

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FL3: No PC for arrest of person closest to the drugs without knowing his relation to the property

There was no probable cause to arrest defendant just because he was the one nearest to the drugs when the police came in. There was no consideration of his relationship to the premises in the face of the law of … Continue reading

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N.-M.: Exceeding scope of consent required suppression

Defendant gave consent to Army CID at Ft. Lejeune to look in Facebook Messanger to investigate a theft where defendant was the alleged victim. The CID investigator went into the phone and searched 43,000 thumbnail images hoping to find child … Continue reading

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Politico: DOJ seeks new emergency powers amid coronavirus pandemic

Ignoring the fact that “the Fourth Amendment requires a judicial determination of probable cause as a prerequisite to extended restraint of liberty following arrest,” Gerstein v. Pugh, 420 U.S. 103, 114 (1975), and reasonable bail, we see this: Politico: DOJ … Continue reading

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CA2: Eyewitness report and identification of ptf was probable cause for arrest

Eyewitness report and identification was probable cause for arrest, so summary judgment was proper for the officer. Tortora v. City of New York, 2020 U.S. App. LEXIS 8135 (2d Cir. Mar. 12, 2020).* The court credits the officers’ testimony that … Continue reading

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OH3: Arrest of drug offender coming home outside his house led to officers hearing “scurrying about” inside, and that justified warrantless entry

One man under investigation for drug crimes was arrested outside a house when officers went there waiting for him to arrive. On the arrest, officers heard others inside “scurrying around” [how?]. This created exigency and justified a warrantless entry into … Continue reading

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OR: Mere passenger in vehicle can remove personal belongings before inventory

A passenger in a vehicle to be inventoried after a stop is entitled to notice to retrieve her personal belongings before it happens. Only this is consistent with the purpose of the inventory requirement. Other states are in accord, and … Continue reading

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D.Kan.: By not stopping before his driveway, def consented to police entry onto the curtilage

Officers attempted to stop defendant’s car but he drove to his driveway. There ultimately was a dog sniff of the car. The court finds that, by driving to his driveway with police behind him, his actions were consent for police … Continue reading

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E.D.Tex.: Conclusory objections to R&R are denied

Conclusory objections to the R&R on this search issue are overruled. United States v. Wilson, 2020 U.S. Dist. LEXIS 36571 (E.D. Tex. Mar. 3, 2020). Feeling a firearm during a patdown is plain feel. United States v. White, 2020 U.S. … Continue reading

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Chicago Sun-Times: ‘Secret hearings’ have allowed CPD to keep suspects in custody for more than 48-hour limit

Chicago Sun-Times: ‘Secret hearings’ have allowed CPD to keep suspects in custody for more than 48-hour limit by Andy Grimm and Tim Novak (“Todd S. Pugh, a veteran defense lawyer and member of the board of the National Association of … Continue reading

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TN: Arrest warrant permitted entry into def’s hotel room under Payton

An arrest warrant for defendant permitted entry into a hotel room he rented under Payton. (Then he wins on insufficiency of evidence of constructive possession in the room.) State v. Jones, 2020 Tenn. Crim. App. LEXIS 151 (Feb. 27, 2020). … Continue reading

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N.D.Ind.: Omitting CI’s criminal history wasn’t a Franks violation where it was obvious he was involved in criminal activity

Omission of the CI’s prior convictions wasn’t material for Franks purposes. It was obvious he was helping himself out in making penal admissions, and his credibility was otherwise shown. The issuing magistrate would have still issued the warrant. United States … Continue reading

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