Category Archives: Arrest or entry on arrest

CA6: Officer executing a state arrest warrant doesn’t have to independently verify its validity

Defendant contended that the officer executing an invalid state arrest warrant had a duty to verify the validity of the warrant before executing it. He didn’t, and the officer acted in otherwise good faith. Therefore, the exclusionary rule would not … Continue reading

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CA9: Gerstein applies to immigration arrests

Gerstein applies to immigration arrests in this class action. Plaintiff was a U.S. citizen detained by ICE. Gonzalez v. U.S. Immigration & Customs Enforcement, 2020 U.S. App. LEXIS 28827 (9th Cir. Sept. 11, 2020). There was probable cause for a … Continue reading

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CA5: Mistaken identity arrest for half brother with same name gets QI

Plaintiff’s case for a mistaken identity arrest when his half-brother with the same name was the target fails on qualified immunity. Baker v. McCollan, 443 U.S. 137 (1979) is close enough to show qualified immunity. Nerio v. Derekevans, 2020 U.S. … Continue reading

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CA7: Civil claim for false arrest or detention on fabricated evidence is 4A claim

“A claim for false arrest or pretrial detention based on fabricated evidence sounds in the Fourth Amendment right to be free from seizure without probable cause.” Patrick v. City of Chicago, 2020 U.S. App. LEXIS 28380 (7th Cir. Sept. 8, … Continue reading

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CA2: Arguable PC to arrest makes it valid

“Because the defendants had at least arguable probable cause to arrest Barnes for an open container violation, the search was also lawful. A search incident to arrest is lawful where the officer reasonably believed he had probable cause, regardless of … Continue reading

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IN: CI’s statement he bought from def ten times was a statement against penal interest

The CI was the target of a search, and he snitched off defendant as his source for about ten sales, the most recent the day before. That was a statement against penal interest. State v. Stone, 2020 Ind. App. LEXIS … Continue reading

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OH2: Giving false name and DOB after SW executed supports obstruction charge

Defendant was removed from his house after a search warrant was served by the SWAT team. His false name and DOB to the officers supported his obstruction conviction. State v. Castleberry, 2020-Ohio-4233, 2020 Ohio App. LEXIS 3129 (2d Dist. Aug. … Continue reading

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TX14: Arrest outside a house can justify a protective sweep inside

An arrest outside a house, depending on the circumstances, can justify a protective sweep as much as an arrest inside. Defendant also claimed that a secondary protective sweep was unreasonably intense. Even if it was, it doesn’t affect the search … Continue reading

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CA11: Arrest warrant permits arrest of def in a hotel room when there’s a reasonable belief on totality he’s there

A reasonable belief the defendant is present in a hotel room authorizes the police to enter when they have an arrest warrant for him, even though the motel room is not his “home.” In addition, forcing him to crawl out … Continue reading

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D.N.M.: POs with PV warrant authorized to enter hotel room def was visiting under Payton

Parole officers had a warrant for defendant’s arrest for absconding from supervision. His location at the motel room of another was given to the PO and an apprehension team went to get him. As they approached, the door was opened … Continue reading

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OH6: Smell of raw marijuana from house was PC

The officers’ smell of raw marijuana at a house was probable cause. This is different than the case of burnt marijuana not justifying a search of the trunk of a car. In an IAC claim, defendant didn’t plead any evidence … Continue reading

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N.D.Ga.: Ordering def to ground at gunpoint and a full search of his pockets was an arrest and not a frisk; it was still, however, justified

Police arrived at defendant’s house to search, and he came out the front door. At gunpoint, he laid on the ground and he was handcuffed and his pockets searched. It was not a patdown for weapons, but an emptying of … Continue reading

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E.D.Mo.: No REP against photographing tattoo on chest at time of arrest

Defendant had no reasonable expectation of privacy not to have a tattoo on his chest under his shirt photographed on his arrest. Therefore, defense counsel wasn’t ineffective for not raising it. Shumpert v. United States, 2020 U.S. Dist. LEXIS 149584 … Continue reading

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N.D.Ga.: PC supports arrest even if officer cites wrong statute

It doesn’t matter that the officer didn’t cite the right offense as long as the facts of probable cause support any offense. United States v. Simmons, 2020 U.S. Dist. LEXIS 145562 (N.D. Ga. June 15, 2020):

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CA6: Alleged false statement to get an arrest warrant overcame QI

Alleged false statement to get an arrest warrant overcame qualified immunity. Tlapanco v. Elges, 2020 U.S. App. LEXIS 25595 (6th Cir. Aug. 12, 2020). The state failed to show exigent circumstances excused obtaining a search warrant for defendant’s BAC. Commonwealth … Continue reading

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CA11: While unclear whether 4A applies to pretrial detainees, 14A does and standards the same

As pretrial detainee, it’s unclear whether the Fourth Amendment applies to his claims. The Fourteenth Amendment clearly does, and, in any event the standards would be applied the same. Patel v. Lanier County, 2020 U.S. App. LEXIS 25345 (11th Cir. … Continue reading

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