Category Archives: Arrest or entry on arrest

S.D.N.Y.: When police come to def’s house with arrest warrant, cotenant’s denial he’s home isn’t binding on officers

Officers had good information where defendant lived, and they came with an arrest warrant. His cotenant denied he was there, which the officers did not have to take at face value. One FBI agent testified that cotenants frequently lie about … Continue reading

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IN: Even though def called off drug deal with CI at last minute there still was RS

The CI was working off his own charges. The CI had to make several tries to make a deal with defendant, and, when it happened, there was advance planning related by the CI. They also were talking on a cell … Continue reading

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CA3: Violation of Vienna Convention on arrest doesn’t lead to dismissal

“Dismissal of the indictment and suppression of evidence are not appropriate remedial measures for a violation of Article 36 [of the Vienna Convention] in this case.” Sanchez-Llamas v. Oregon, 548 U.S. 331, 350 (2006). United States v. Castillo, 2018 U.S. … Continue reading

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E.D.Pa.: Arrest warrant for wrong name still had PC for def, and his arrest was based on PC

Defendant counsel was not ineffective for not pursuing a Fourth Amendment claim that the name in the arrest warrant was included by mistake. Officers told the magistrate as soon as they discovered it. Defendant’s arrest was still on probable cause. … Continue reading

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OH11: Arrest warrant and knowing def home authorized entry to arrest

Officers had an arrest warrant for the defendant and they knew he was home. That was justification to enter. State v. Weaver, 2018-Ohio-2675, 2018 Ohio App. LEXIS 2898 (11th Dist. July 9, 2018). Defendant doesn’t allege any facts that his … Continue reading

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CA7: Drug court staffers’ making arrests outside courthouse may have violated state law but were reasonable under 4A

In claims against a drug court out of control involving multi-month detentions for really short term ordered incarcerations, there was also a Fourth Amendment claim: Two drug court staffers, one a bailiff with no authority outside the courthouse, undertook to … Continue reading

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The Virginian-Pilot: She spent 3 months in jail despite a Norfolk police video proving her innocence

The Virginian-Pilot: She spent 3 months in jail despite a Norfolk police video proving her innocence by Scott Daugherty She was allegedly in a video selling drugs. Only she wasn’t. They didn’t look for 114 days.

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S.D.Ga.: CI information was a little stale, but the officer’s corroroboration was with current information and that overcame staleness

The CI’s information was a little dated and potentially stale, but it was corroborated by current information and that was probable cause. United States v. Mobley, 2018 U.S. Dist. LEXIS 101640 (S.D. Ga. June 18, 2018). “In this case, by … Continue reading

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CA2: A material witness seized and never presented to a judge stated a claim; and no QI

Plaintiff was held without a hearing as an alleged material witness, but never presented to a court. The district court granted qualified immunity, and the court of appeals reversed. Her rights were clearly established that she was entitled to be … Continue reading

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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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