Category Archives: Arrest or entry on arrest

SCOTUSBlog: Opinion analysis: With facts like these … Lozman v. City of Riviera Beach

SCOTUSBlog: Opinion analysis: With facts like these … Lozman v. City of Riviera Beach by Heidi Kitrosser:

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CA3: Hiding computer evidence when def learns SW coming is “contemporaneously with arrest” for U.S.S.G. 3C1.1

Defendant panicked when he heard the police were coming to his house to search, and he moved files to his computer recycling bin. The court finds this was “contemporaneously with arrest” for U.S.S.G. 3C1.1, but, because they were easily recovered, … Continue reading

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NYTimes: Ketamine Used to Subdue Dozens at Request of Minneapolis Police, Report Says

NYTimes: Ketamine Used to Subdue Dozens at Request of Minneapolis Police, Report Says by Christopher Mele:

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SC: Failure to register offense didn’t justify electronic monitoring condition under Grady

Defendant was convicted of a sex offense in 1979. In 2011 he was convicted of a sex offender registration offense. An electronic monitoring condition was unreasonable and a violation of the Fourth Amendment on this record under Grady v. North … Continue reading

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MO: Reading SW to def at execution is not “custodial interrogation”

Police entered defendant’s house with a search warrant. Defendant was handcuffed and the contents of the search warrant were read to her. Her responses were not custodial interrogation when she admitted where drugs were in the house. State v. Craig, … Continue reading

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CT: Seeing sawed off shotgun through van window justified opening it up to seize it

The officers here saw a sawed off shotgun through the windows of defendant’s van, and it was not unreasonable to use the key fob to open the door to seize it. State v. Ortiz, 2018 Conn. App. LEXIS 235 (June … Continue reading

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CA3: Failure to pay bench warrant justified arrest even if state law permitted pay off in lieu of arrest

There was, in fact, a bench warrant for plaintiff for FTA for failure to pay. The fact state law optionally permitted a pay off in lieu of arrest doesn’t make the arrest violate the Fourth Amendment because there was a … Continue reading

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VA: Stop outside officer’s jurisdiction not subject to suppression

Defendant was seen speeding by a VMI police officer who followed him. The actual stop was off the campus. There was probable cause for the stop and arrest, and, even if the officer was outside his jurisdiction, suppression is not … Continue reading

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CA9: Being detained and then moved with hands briefly behind back wasn’t an arrest

Defendant’s brief detention and moving him from a public area to a private area was not a seizure, even though his hands were held behind his back as he walked. United States v. Torres, 2018 U.S. App. LEXIS 11897 (9th … Continue reading

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S.D.N.Y.: Envelopes seen in plain view during arrest suggested drug proceeds and was valid plain view

Officers had an arrest warrant and took defendant into custody. A protective sweep was done and plain view observations were made, including cash in envelopes. The plain view, but without mention of the cash, was used to get a search … Continue reading

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E.D.Va.: Def could be seized under the SW for the business searched when he was found near the door heading in

The narcs timed execution of a search warrant for when defendant’s heroin dealer would arrive. He was near the front door when the police arrived, and he could be detained under Summers and Bailey. United States v. Jones, 2018 U.S. … Continue reading

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PA: “Reason to believe” in Payton and Steagald means probable cause

“Reason to believe” in Payton and Steagald means probable cause. It cannot constitutionally be less and be faithful to the protection of the home from unreasonable invasions. This case includes a thorough discussion of both cases and their constitutional requirements. … Continue reading

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