Category Archives: Arrest or entry on arrest

IL: SI on an arrest with PC but made without a warrant removing def from house was valid; SI occurred outside

Defendant was unlawfully arrested inside his home without a warrant. He was taken outside and frisked and a gun was found. The gun will not be suppressed under existing Illinois precedent. “As a result, we find the cases cited by … Continue reading

Posted in Arrest or entry on arrest, Search incident | Comments Off

CA10: The common law “in the presence” requirement for warrantless misdemeanor arrests isn’t mandated by 4A

There was probable cause to arrest defendant when he became combative about being questioned for a theft from a Walgreens two days earlier which resulted in a six month sentence. Plaintiff’s argument that the off-duty officer couldn’t arrest without an … Continue reading

Posted in Arrest or entry on arrest | Comments Off

E.D.Ky.: Def’s handcuffing was not an arrest, but it was custody for Miranda purposes

“The Court finds that Sydnor was not placed under formal arrest when officers handcuffed him at the beginning of the search. However, Sydnor was in custody for purposes of Miranda during the search. Regarding the statements themselves, the first one … Continue reading

Posted in Arrest or entry on arrest | Comments Off

MN: Arrest warrant permits entry into home of third party for arrest of guest

“Neither the United States Constitution nor the Minnesota Constitution requires police to obtain a search warrant before entering a third party’s home to execute a lawfully issued arrest warrant for a guest.” State v. deLottinville, 2017 Minn. LEXIS 55 (Feb. … Continue reading

Posted in Arrest or entry on arrest | Comments Off

FL: Hot pursuit for misd possession of MJ and nonviolent fleeing does not permit warrantless entry into the home

Hot pursuit for misdemeanor possession of marijuana and nonviolent fleeing does not permit a warrantless entry into the home. State v. Markus, 2017 Fla. LEXIS 233 (Jan. 31, 2017), aff’g Markus v. State, 160 So. 3d 488 (Fla. 1st DCA … Continue reading

Posted in Arrest or entry on arrest, Hot pursuit | Comments Off

ID: Driving on a suspended DL supports a search incident of the person

The officer knew defendant had a suspended DL, and seeing him drive to a convenience store justified his detention and arrest. A frisk incident to the arrest produced drug paraphernalia which was validly found. State v. Lee, 2017 Ida. App. … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Search incident | Comments Off

OR: Detention at gunpoint wasn’t attenuated from statement

Defendant’s stop and detention was with a show of force, and his statement wasn’t attenuated from his de facto arrest. Suppression order affirmed. State v. Pichardo, 360 Ore. 754 (Jan. 20, 2017), aff’g 275 Ore. App. 49, 364 P.3d 1 … Continue reading

Posted in Arrest or entry on arrest, Attenuation | Comments Off

NY2: Search of house for weapon after protective sweep was unreasonable

Defendant was reported to have assaulted people outside his house with a small bat and a brandishing a firearm. Police arrived, and he ran inside. Police kicked the door in, secured him, cleared the house [a protective sweep] putting the … Continue reading

Posted in Arrest or entry on arrest, Protective sweep | Comments Off

D.P.R.: PC permits a warrantless arrest for a felony; no right to arrest at earliest possible time

If there is probable cause for an arrest without a warrant, it doesn’t matter that officers had time to get an arrest warrant and didn’t or that they didn’t arrest at the earliest possible time. An arrest warrant is not … Continue reading

Posted in Arrest or entry on arrest, Informant hearsay | Comments Off

OH8: 911 call about a door open and a possible break-in justified police entry to check

A minister called the police to report the door of a warehouse across the street was open, and he felt something was wrong and it must be a break-in. The police respond and enter and see a marijuana grow operation. … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency | Comments Off