Category Archives: Arrest or entry on arrest

D.Vt.: Payton doesn’t require an arrest warrant come with a SW

Payton does not require that an arrest warrant also be obtained to arrest a suspect during the execution of a search warrant on his premises. Defendant was lawfully arrested in the house when the search warrant was executed. United States … Continue reading

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OH7: Bounty hunters have no license to enter as police officers do under state statute

While LEOs have the authority to break and enter to arrest a fugitive when they have an arrest warrant, state law grants no such power to bondsman. Conviction for criminal damaging affirmed for kicking in two doors, and the fugitive … Continue reading

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CA8: Def retreating from a threshold arrest creates exigency

Defendant came to the doorway of his camper to be arrested, but he “retreated” and turned to go back inside with the officer still holding on to him. A look for a gun, finding one, was reasonable under Santana. United … Continue reading

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CA1: Police had good reason to know drug dealing before knock and talk; they knocked, heard running, and door was sealed; breaking in was reasonable

Prior to the police coming to the door, they knew that six figures in cash had been removed from the place in a plastic bag. When they knocked, they heard running and the door was sealed shut. “Given the totality … Continue reading

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VA: PC for stop for reckless driving didn’t get stale in 3 hours

The officer saw defendant recklessly driving, but wasn’t able to stop him. Staleness for arrest for that did not dissipate within three hours before he saw defendant again. Hairston v. Commonwealth, 2017 Va. App. LEXIS 99 (April 11, 2017) (see … Continue reading

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WV: Smell of burning MJ coming from def’s house was justification to enter

Officers approaching defendant’s house could smell marijuana. When the door was opened, the smell got stronger, and that justified a warrantless entry. State v. Ott, 2017 W. Va. LEXIS 256 (April 10, 2017) (memorandum). The CI never said he was … Continue reading

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IL: Def’s statement after illegal arrest when confronted with bogus GSR test was not attenuated

Defendant’s statement six hours after his illegal arrest when confronted with a bogus GSR test was not attenuated. People v. Hernandez, 2017 IL App (1st) 150575, 2017 Ill. App. LEXIS 206 (March 31, 2017), mod. on den. of rehearing, 2017 … Continue reading

Posted in Arrest or entry on arrest, Attenuation | Comments Off

Two on Miranda custody

Asking defendant whether he drove to the place where he was detained was not within the “public safety” exception of Miranda. His car, however, being left in an emergency zone when he was arrested permitted inventory for the gun under … Continue reading

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IL: SI on an arrest with PC but made without a warrant removing def from house was valid; SI occurred outside

Defendant was unlawfully arrested inside his home without a warrant. He was taken outside and frisked and a gun was found. The gun will not be suppressed under existing Illinois precedent. “As a result, we find the cases cited by … Continue reading

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CA10: The common law “in the presence” requirement for warrantless misdemeanor arrests isn’t mandated by 4A

There was probable cause to arrest defendant when he became combative about being questioned for a theft from a Walgreens two days earlier which resulted in a six month sentence. Plaintiff’s argument that the off-duty officer couldn’t arrest without an … Continue reading

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