Category Archives: Arrest or entry on arrest

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

N.D.Iowa: With PC to arrest because of prior immigration removal, distance from border doesn’t matter

Even though they were more than 100 miles from an international border, ICE officers had probable cause (which was conceded) to believe that defendant was in the U.S. despite having been previously removed. Therefore, the stop was valid. United States … Continue reading

Posted in Arrest or entry on arrest, Immigration arrests | Comments Off on N.D.Iowa: With PC to arrest because of prior immigration removal, distance from border doesn’t matter

AK: Homeowner has right to refuse police entry by consent

Alaska State Troopers came to defendant’s house with arrest warrants for two persons they suspected were inside. They had no search warrant for the third-party’s house. They beat on the door and demanded entry. Defendant at first refused, but he … Continue reading

Posted in Arrest or entry on arrest, Consent | Comments Off on AK: Homeowner has right to refuse police entry by consent

PA: There was no PC for entry on a two-month-old capias

Defendant was arrested as a result of an entry on a capias for a domestic relations “violation.” The warrant was two months getting served, and there was no inquiry into whether defendant was residing at the home of a friend … Continue reading

Posted in Abandonment, Arrest or entry on arrest, Body searches | Comments Off on PA: There was no PC for entry on a two-month-old capias

OH2: As to motel room registered guest, entry permitted by arrest warrant under Payton

If the person being sought is a registered guest in a motel room, Payton permits entry on an arrest warrant. If a guest, then a search warrant is required under Steagald. His car outside the room gave reason to believe … Continue reading

Posted in Arrest or entry on arrest, Cell phones, Consent | Comments Off on OH2: As to motel room registered guest, entry permitted by arrest warrant under Payton

OH2: Misd arrest warrant permits reasonable entry under Steagald

The officer here found an outstanding misdemeanor arrest warrant for defendant, and a probable address where she may be living with her boyfriend. The address was an apartment building with 5-6 apartments, and the officer asked around and went to … Continue reading

Posted in Arrest or entry on arrest | Comments Off on OH2: Misd arrest warrant permits reasonable entry under Steagald

CO: Unauthorized taking of juvenile’s DNA requires suppression

Unauthorized collection of DNA from a juvenile offender is subject to suppression and it should be purged from CODIS. Casillas v. People, 2018 CO 78M, 2018 Colo. LEXIS 832 (Oct. 15, 2018). A routine traffic stop outside of a municipal … Continue reading

Posted in Arrest or entry on arrest, DNA | Comments Off on CO: Unauthorized taking of juvenile’s DNA requires suppression

DE: Officer’s training and experience in intoxicated drivers was relevant and significant to the PC showing

The officer’s training and experience in intoxicated drivers was relevant and significant to the probable cause showing in the affidavit for defendant’s BAC. He was not a mere layperson making an observation as defendant says. State v. Law, 2018 Del. … Continue reading

Posted in Arrest or entry on arrest, Probable cause | Comments Off on DE: Officer’s training and experience in intoxicated drivers was relevant and significant to the PC showing