Category Archives: Arrest or entry on arrest

CA8: Entry onto def’s back porch with arrest warrant was reasonable

The entry to defendant’s back porch was reasonable because he was there with an arrest warrant. On the back porch he saw some potential equipment for a meth lab. When the police applied for a search warrant, the product of … Continue reading

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S.D.Cal.: Fire call about structure fire was erroneous, and further entry into backyard was unreasonable

The San Diego County Fire Department got a call about a structure fire. When they arrived, it turned out to be a small fire in a brush pile in defendant’s backyard that was virtually out. The exigency dissipated and it … Continue reading

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OH5: Traffic stop on recalled AW still valid under GFE

A traffic stop based on a recalled warrant was still reasonable under the good faith exception of Evans and Herring. When she was arrested, her purse was subject to search incident: “Accordingly, because [her] purse was voluntarily brought outside the … Continue reading

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OH5: Separate federal SW against def didn’t warrant new trial; all too speculative

As defendant’s prosecution in this state case was proceeding to trial, a federal search warrant was also issued in a spinoff investigation. After conviction, a motion for new trial was filed based on alleged newly discovered evidence from the federal … Continue reading

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CA3: Municipal officers may execute federal PV warrants

Defendant was ID’d as a likely suspect in a bank robbery, and a federal probation violation warrant was issued. Municipal officers may execute federal probation violation warrants. “See, e.g., United States v. Polito, 583 F.2d 48, 51 (2d Cir. 1978); … Continue reading

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S.D.Ohio: Reasonable to put def in police car where he had no DL or registration to car while they checked it out

It was reasonable for officers to put defendant in their vehicle when he had no DL or registration for the vehicle he was driving while they checked it out. “The officers ran Bonner’s name through their databases and learned that … Continue reading

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San Bernardino County Sun: San Bernardino County settles for $390000 with families of girls arrested to ‘teach them a lesson’

San Bernardino County Sun: San Bernardino County settles for $390000 with families of girls arrested to ‘teach them a lesson’. The case: CA9: School resource officer’s arrest of alleged bullying middle school girls ‘to prove a point’ and ‘make [them] … Continue reading

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OH11: Def was reasonably believed to be a resident in motel room, not a visitor, so arrest warrant permitted entry

Officers had reason to believe that defendant was a resident in the motel room, not a visitor, so an arrest warrant was enough for officers to enter. State v. Hughes, 2018-Ohio-5069. 2018 Ohio App. LEXIS 5384 (11th Dist. Dec. 17, … Continue reading

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MA: Under state const., police created exigency by attempted warrantless arrest at home suppressed

Massachusetts interprets its state constitution to provide greater protection in the home than the Fourth Amendment. Thus, when the police come to a house without an arrest warrant, they can’t use the likelihood they will create an exigency for an … Continue reading

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W.D.Mo.: Boilerplate Franks claim fails on its face

“The defendant’s boilerplate claim that the ‘information used to obtain the search warrant from the Circuit Court judge was flawed with false allegation….’, … does not meet the Franks test for a hearing.” “While defendant did not explicitly argue that … Continue reading

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CA9: Question about telephone number before Miranda warning wasn’t protected by warning

Question about defendant’s telephone number prior to his Miranda warning wasn’t covered by Miranda. The phone number linked defendant to a dropbox account with child pornography. United States v. Chilaca, 2018 U.S. App. LEXIS 33136 (9th Cir. Nov. 26, 2018). … Continue reading

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SCOTUSBlog: Argument analysis: “Contempt of cop” — Justices search for compromise standard for First Amendment retaliatory arrests

SCOTUSBlog: Argument analysis: “Contempt of cop” — Justices search for compromise standard for First Amendment retaliatory arrests by Howard M. Wasserman:

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