Category Archives: Arrest or entry on arrest

E.D.Tenn.: There is no standing in CSLI of another’s phone

No standing to challenge acquiring the CSLI of another’s cell phone. United States v. Lopez, 2022 U.S. Dist. LEXIS 215709 (E.D. Tenn. Oct. 24, 2022),* adopted, 2022 U.S. Dist. LEXIS 214604 (E.D. Tenn. Nov. 29, 2022).* Defendant’s guilty plea waived … Continue reading

Posted in Arrest or entry on arrest, Standing | Comments Off on E.D.Tenn.: There is no standing in CSLI of another’s phone

SC: Exigency for CSLI was shooting victim left for dead and defendant was armed and dangerous

There was exigency for CSLI. “Thus, this was not a standard criminal investigation seeking cell phone data; rather, this request sought to address an ongoing emergency because Carter was potentially armed and dangerous, had been involved in a violent crime … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Cell site location information, Emergency / exigency, Informant hearsay | Comments Off on SC: Exigency for CSLI was shooting victim left for dead and defendant was armed and dangerous

CA3: Delaware “hit and hold” practice for entries not decided because of consent

The court declines to decide the officers’ “hit and hold” entries where they entered without a warrant but under alleged exigency, secured the premises, and then sought a search warrant. Because there was independent justification for the warrantless search after … Continue reading

Posted in Abandonment, Arrest or entry on arrest, Emergency / exigency, Independent source, Rule 41(g) / Return of property | Comments Off on CA3: Delaware “hit and hold” practice for entries not decided because of consent

D.Mass.: Park ranger’s arrest of def outside park wasn’t 4A violation, even if statute violated

“Ruiz argues that, because Carozzi lacked the statutory authority to arrest him outside the park, the arrest violated his Fourth Amendment rights, and therefore all evidence collected subsequent to his arrest (i.e., the breathalyzer results) must be suppressed. In the … Continue reading

Posted in Arrest or entry on arrest, Protective sweep, Search incident | Comments Off on D.Mass.: Park ranger’s arrest of def outside park wasn’t 4A violation, even if statute violated

D.S.D.: Totality of circumstances showed def likely resided in dwelling for entry on arrest warrant

Based on the totality of circumstances, officers finally had good reason to believe defendant resided in the dwelling he was found in, and the arrest warrant alone was enough to justify entry. United States v. Ulrich, 2022 U.S. Dist. LEXIS … Continue reading

Posted in Arrest or entry on arrest, Issue preclusion, Staleness | Comments Off on D.S.D.: Totality of circumstances showed def likely resided in dwelling for entry on arrest warrant

HI: Three weeks detention after finding of PC without another court proceeding wasn’t unreasonable

It was not a Fourth Amendment violation to hold defendant for a grand jury indictment when probable cause was found “after a preliminary hearing but the case is dismissed without prejudice due to a defect in the institution of the … Continue reading

Posted in Arrest or entry on arrest | Comments Off on HI: Three weeks detention after finding of PC without another court proceeding wasn’t unreasonable

CA6: Seeing person named in arrest warrant at place she was staying satisfied Payton

Officers had sufficient information under Payton that a woman for whom they had a warrant was on the premises she was supposedly living at when they entered. They’d seen her there, and CIs put her there. United States v. Essex, … Continue reading

Posted in Arrest or entry on arrest, Automobile exception, Emergency / exigency | Comments Off on CA6: Seeing person named in arrest warrant at place she was staying satisfied Payton

WV: Juvenile “pick-up” order issued on PC was equivalent of warrant for Payton purposes for entry into mom’s home

Entry on a juvenile “pick-up” order here “was founded upon probable cause to believe that her ‘health, safety and welfare’ demanded it …. was the functional equivalent of an arrest warrant and was lawfully issued.” Therefore, the entry was valid … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Franks doctrine, Scope of search | Comments Off on WV: Juvenile “pick-up” order issued on PC was equivalent of warrant for Payton purposes for entry into mom’s home

ID: Not telling arrestee reason for arrest in violation of statute not a 4A violation

Failure to notify an arrestee of the reason for his arrest in violation of the statute does not make the arrest violate the Fourth Amendment or state constitution. State v. Lancaster, 2022 Ida. LEXIS 133 (Nov. 1, 2022). There were … Continue reading

Posted in Arrest or entry on arrest, Body searches, Cell phones, Reasonableness, Staleness | Comments Off on ID: Not telling arrestee reason for arrest in violation of statute not a 4A violation

FL2: With an “extreme display of authority and … ‘overbearing tactics” was not by consent

With an “extreme display of authority and … ‘overbearing tactics” was not by consent. Dydek v. State, 2022 Fla. App. LEXIS 7253 (Fla. 2d DCA Oct. 26, 2022):

Posted in Arrest or entry on arrest, Consent | Comments Off on FL2: With an “extreme display of authority and … ‘overbearing tactics” was not by consent

Courthouse News Service: Right to livestream traffic stops debated at Fourth Circuit

Courthouse News Service: Right to livestream traffic stops debated at Fourth Circuit by Erika Williams (“A shouting match erupted between a judge and an attorney at a hearing over whether passengers in cars pulled over by police can broadcast their … Continue reading

Posted in Arrest or entry on arrest, Privileges | Comments Off on Courthouse News Service: Right to livestream traffic stops debated at Fourth Circuit

IN: Male occupant’s consent to search his house didn’t include the purse of a woman that lived there

Male occupant’s consent to search his house didn’t include the purse of a woman that lived there. The officer could not reasonably believe that he had apparent authority over that. Cinamon v. State, 2022 Ind. App. LEXIS 345 (Oct. 25, … Continue reading

Posted in Apparent authority, Arrest or entry on arrest, Issue preclusion, Scope of search | Comments Off on IN: Male occupant’s consent to search his house didn’t include the purse of a woman that lived there

N.D.Okla.: Local officer’s arresting in Indian country prior to McGirt was with good faith

A local officer’s arrest of an Indian in Indian country prior to McGirt was with good faith. United States v. Little, 2022 U.S. Dist. LEXIS 192907 (N.D. Okla. Oct. 24, 2022). Drug interdiction officers working the Detroit Greyhound station because … Continue reading

Posted in Arrest or entry on arrest, Good faith exception, Reasonable suspicion, Reasonableness | Comments Off on N.D.Okla.: Local officer’s arresting in Indian country prior to McGirt was with good faith

VI: Anonymous tip given observing altercation was sufficient for stop when substantially corroborated at scene

The detailed anonymous tip here was sufficient to support a stop when it was substantially corroborated at the scene. The caller observed an altercation in real time and described the two vehicles involved. It was at the top of a … Continue reading

Posted in Arrest or entry on arrest, Cell phones, Informant hearsay, Reasonable suspicion | Comments Off on VI: Anonymous tip given observing altercation was sufficient for stop when substantially corroborated at scene

M.D.Fla.: Alleged nice “threat” to break down door to enter on warrant was not coercive

Officer’s alleged threat to break down the door stated in a nice tone of voice was not coercive, even if true, because the officer could have. On the totality, there was consent to enter to execute the arrest warrant because … Continue reading

Posted in Arrest or entry on arrest, Consent, Franks doctrine, Particularity | Comments Off on M.D.Fla.: Alleged nice “threat” to break down door to enter on warrant was not coercive

CA7: 4½ days to figure out ptf was innocent didn’t violate 4A or 14A

“Eli Martinez spent four and a half days in custody while he tried to explain to his jailers that his brother, Hector M. Rodriguez, was the one described in an arrest warrant. After Martinez was released, he sued two probation … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Excessive force, Qualified immunity | Comments Off on CA7: 4½ days to figure out ptf was innocent didn’t violate 4A or 14A

OH8: No PC for hot pursuit into house on less than RS

The state showed no probable cause to justify a warrantless entry into the home of a fleeing misdemeanant. Police got a citizen’s report of a possible impaired driver. When they found the car, it had just pulled into the driveway … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Hot pursuit, Issue preclusion | Comments Off on OH8: No PC for hot pursuit into house on less than RS

TX1: Order to return cell phone in murder investigation was without jurisdiction

The trial court’s order ordering return of a cell phone seized in a murder investigation was void and reversed. “‘Suppression of evidence and return of property are not the same relief.’” Defendant had not yet been indicted, so the trial … Continue reading

Posted in Arrest or entry on arrest, Probable cause, Rule 41(g) / Return of property | Comments Off on TX1: Order to return cell phone in murder investigation was without jurisdiction

OH6: Consent to search cell phone obtained by telling def it would get his phone back sooner was involuntary

Defendant’s consent to search his phone was merely acquiescing to a claim of lawful authority because it was told if he consented he could get it back faster. State v. Seem, 2022-Ohio-3507, 2022 Ohio App. LEXIS 3314 (6th Dist. Sep. … Continue reading

Posted in Arrest or entry on arrest, Cell phones, Inventory, Pretext | Comments Off on OH6: Consent to search cell phone obtained by telling def it would get his phone back sooner was involuntary

OH9: Def opened a safe for the police but never argued he had a REP in the contents so no standing

Defendant opened a safe for the officers. His wife said that it was hers and she had it before they were married. Defendant didn’t even argue he had a reasonable expectation of privacy in the safe. Therefore, he didn’t show … Continue reading

Posted in Arrest or entry on arrest, Standing | Comments Off on OH9: Def opened a safe for the police but never argued he had a REP in the contents so no standing