Category Archives: Arrest or entry on arrest

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

NJ: Officer’s entry into def’s home for def to retrieve his ID was without justification and therefore was unreasonable

An investigative stop in an apartment complex parking lot, not based on reasonable suspicion, did not justify following defendant into his home to get his ID, especially after the officer did a quick patdown before they went in. Once inside, … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion | Comments Off

OH6: Because OH limits minor misdemeanor searches more than the 4A, search of def because of marijuana flakes on shirt was unreasonable

Defendant was a passenger in a vehicle stopped for suspicion the driver had a suspended DL because of a computer check. Defendant was made to get out of the vehicle despite being blind. The officer noted marijuana flakes on his … Continue reading

Posted in Arrest or entry on arrest, State constitution, Stop and frisk | Comments Off

D.Idaho: Def’s flight from an unreasonable stop, after initial detention, wasn’t attenuated

Defendant’s flight and dropping gun from an illegal arrest here wasn’t an intervening circumstance. There was nothing in the 911 call that justified defendant’s stop in the first place. Defendant complied at first, and then fled. United States v. Gallinger, … Continue reading

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