Category Archives: Arrest or entry on arrest

Daily Beast: Trump Is First to Use PATRIOT Act to Detain a Man Forever

Daily Beast: Trump Is First to Use PATRIOT Act to Detain a Man Forever by Spencer Ackerman (“Never in 18 years has the government used Section 412 of the PATRIOT Act, which permits indefinite detention of resident aliens on national-security … Continue reading

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MI: Seizing def’s home without reason to believe a wanted person was inside violated 4A

“The police officers violated the defendant’s constitutional right to be free from an unreasonable search and seizure when they exceeded the proper scope of a knock and talk by approaching and securing the defendant’s home without sufficient reason to believe … Continue reading

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CA11: Officer’s alleged lies to get arrest warrant denies QI

“With that in mind, we affirm the district court’s denial of qualified immunity. As indicated above, we accept for purposes of this appeal that Gill falsified information in the affidavits supporting his arrest warrants and therefore, he would not have … Continue reading

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The Crime Report: Pre-Arrest Diversion: Where You Live Can Determine Whether You Go to Jail

The Crime Report: Pre-Arrest Diversion: Where You Live Can Determine Whether You Go to Jail (“Alternatives to detention are now widely available across the U.S. to justice-involved individuals who pose no risk to public safety. But a new survey shows … Continue reading

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W.D.Ky.: Officer’s verifying def’s identity reasonably extended the stop

The extension of the stop wasn’t based on reasonable suspicion; it was the officer trying to determine why defendant’s license was revoked and whether defendant was who he said he was. “Under these circumstances, it is clear that the mission … Continue reading

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CA11: Factual dispute as to where misd arrest occurred, in the house or out, denies QI; it appears force used was excessive

Arguable probable cause supported plaintiff’s misdemeanor arrest, but there is a factual dispute denying qualified immunity to the officers of where exactly the arrest started and how it ended up indoors. That remains for trial. The complaint also survives on … Continue reading

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MA: Obtaining and executing arrest warrant in middle of night for a rash of burglaries was reasonable

Police were investigating a rash of burglaries, and woke up a magistrate in the middle of the night to get an arrest warrant for defendant. Officers went to arrest him and others were seeking a search warrant. At his apartment, … Continue reading

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CA9: Arresting ptf for objecting to police coming into her house while she got money to pay a cab driver stated 4A claim with no QI

“Can a declined credit card for a $16.70 cab fare result in a 42 U.S.C. § 1983 action? One would think not. But here we are.” The cab driver called the police. Plaintiff offered to go into her apartment to … Continue reading

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W.D.Va.: Arrest warrant didn’t have to be in hand at time of arrest

When defendant was arrested on an arrest warrant, it was constitutionally required that officers have the warrant in hand at the time of the arrest. Rule 4 only requires the warrant be shown as soon as practical. Defendant was arrested … Continue reading

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CA7: PC to arrest doesn’t usually go stale

Probable cause to arrest doesn’t go stale like probable cause to search does. “Haldorson’s primary contention is that the information from the controlled buy was too stale three weeks later to support probable cause for an arrest. The mere passage … Continue reading

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N.D.Fla.: Def’s coming to door and at threshold made him capable of being arrested without police entering home

When defendant came to the door and answered the officers’ knock, and moved into the threshold when they said they were “security forces,” he was subject to arrest right there without the officers violating the privacy of the home. They … Continue reading

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N.D.Cal.: Arrest warrants don’t grow stale like SWs

The officer had probable cause to arrest defendant and conduct a search incident to arrest. Thus, the question of probation search is moot. The passage of time (here a little over two months) between knowledge of the arrest warrant and … Continue reading

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