Category Archives: Arrest or entry on arrest

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

Posted in Arrest or entry on arrest, Search incident | Comments Off on OH5: Traffic stop on recalled AW still valid under GFE

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

Posted in Arrest or entry on arrest | Comments Off on OH5: Separate federal SW against def didn’t warrant new trial; all too speculative

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

Posted in Arrest or entry on arrest, Probation / Parole search, Standards of review | Comments Off on CA3: Municipal officers may execute federal PV warrants

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

Posted in Arrest or entry on arrest, Reasonable suspicion | Comments Off on S.D.Ohio: Reasonable to put def in police car where he had no DL or registration to car while they checked it out

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

Posted in § 1983 / Bivens, Arrest or entry on arrest | Comments Off on San Bernardino County Sun: San Bernardino County settles for $390000 with families of girls arrested to ‘teach them a lesson’

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

Posted in Arrest or entry on arrest, Consent | Comments Off on OH11: Def was reasonably believed to be a resident in motel room, not a visitor, so arrest warrant permitted entry

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

Posted in Arrest or entry on arrest, Emergency / exigency, State constitution | Comments Off on MA: Under state const., police created exigency by attempted warrantless arrest at home suppressed

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

Posted in Arrest or entry on arrest, Burden of pleading, Franks doctrine | Comments Off on W.D.Mo.: Boilerplate Franks claim fails on its face

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

Posted in Arrest or entry on arrest, Franks doctrine, Privileges | Comments Off on CA9: Question about telephone number before Miranda warning wasn’t protected by warning

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:

Posted in Arrest or entry on arrest, SCOTUS | Comments Off on SCOTUSBlog: Argument analysis: “Contempt of cop” — Justices search for compromise standard for First Amendment retaliatory arrests

AK: Initial warrantless entry after attempted warrantless arrest, standoff, then arrest was saved by inevitable discovery with later warrant

Alaska State Troopers developed information that two men were involved in burglaries and travelled far to arrest them, albeit without a warrant. They ordered the men out of their rented cabin, and that would have been an illegal arrest, but … Continue reading

Posted in Arrest or entry on arrest, Inevitable discovery | Comments Off on AK: Initial warrantless entry after attempted warrantless arrest, standoff, then arrest was saved by inevitable discovery with later warrant

CA7: Message on cell phone screen when phone was seized could be testified to by officer

Defendant claimed he had a reasonable expectation of privacy in the screen of his cell phone because it was in his pocket up until he was arrested. When the phone was removed from his pocket, a message appeared on the … Continue reading

Posted in Arrest or entry on arrest, Cell phones | Comments Off on CA7: Message on cell phone screen when phone was seized could be testified to by officer