Category Archives: Arrest or entry on arrest

OH: Def has no standing in place of another that he was arrested in, so Steagald provides him no relief

Defendant could not show he had a reasonable expectation of privacy in the premises of a third person, although he was the person being looked for. The court discusses Steagald and the Ninth Circuit’s en banc Underwood (1983, Treatise §§ … Continue reading

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CA1: There was no “doorway arrest” under Santana when ptf was behind a locked door the entire time

Police entered plaintiff’s house without a warrant to arrest him. An hour had passed, and any exigency was long gone. As for whether this could be a “doorway arrest” under Santana, that too is rejected because plaintiff was behind a … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Qualified immunity | Comments Off

ME: Officer’s crossing city limits in pursuit, even if a violation of statute, didn’t violate 4A

Even if the officer violated state law on his territorial jurisdiction, following defendant across the city limits into another town to make a traffic stop didn’t violate the Fourth Amendment and there is no reason to apply the exclusionary rule. … Continue reading

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OH10: Extraterritorial arrest didn’t violate state statute

Defendant’s extraterritorial arrest within the state did not violate state law. Remanded and the state constitutional question can be raised again. State v. Roby, 2017-Ohio-7331, 2017 Ohio App. LEXIS 3622 (10th Dist. Aug. 24, 2017). “In this case, Mincey does … Continue reading

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CA6: Arrest warrants don’t get stale like SWs

Application for a COA on a 2255 appeal for failing to timely file a motion to suppress is denied. Arrest warrants don’t get stale like search warrants, and such a staleness argument would fail. Also, the record shows that the … Continue reading

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CA5: Ptf in a 4A § 1983 case has to plead violation of a “clearly established right” to get over QI in complaint

Although an arrestee adequately alleged that members of a parish council and sheriff’s office maliciously conspired to prosecute him under an unconstitutional statute in retaliation for online comments about council members, his right was not clearly established because there was … Continue reading

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OH6: Stop and arrest outside officer’s territorial jurisdiction does not violate state constitution

The officer knew he was outside his territorial jurisdiction when he made a stop of a suspect DUI, but this doesn’t violate the Ohio Constitution. State v. Curran, 2017-Ohio-7008, 2017 Ohio App. LEXIS 3130 (6th Dist. July 28, 2017). Lack … Continue reading

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CA10: Not clearly established that even minimal force can be used to resist alleged unlawful search

Plaintiffs were involved in a domestic dispute outside their trailer that had started to cool down, or so they said. One wanted to go into the house to retrieve shoes, but the officer insisted on following to be sure there … Continue reading

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CA3: Being taken to a police station interrogation room in handcuffs was a de facto arrest

Defendant was de facto arrested when he was taken in handcuffs from the place of his seizure to a police station and placed in a holding cell for interrogation. United States v. Wrensford, 2017 U.S. App. LEXIS 13894 (3d Cir. … Continue reading

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SMU Law Review: Reaching Across the Threshold of the Fourth Amendment — Why Payton v. New York Should be Interpreted Broadly

SMU Law Review: Reaching Across the Threshold of the Fourth Amendment — Why Payton v. New York Should be Interpreted Broadly by Caroline Hunt, 70 SMU L. Rev. 189 (2017)

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