Category Archives: Arrest or entry on arrest

OR: Exigency-based entry into house for DUI arrest requires proof of exigency, and here it was lacking

Here the officer entered defendant’s home in a DUI case to seize him for evidence of his intoxication. Exigency can permit an entry, but the state has the burden of proof on exigency, and here it failed to prove the … Continue reading

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N.D.Ga.: NY arrest warrant executed in GA violated NY law but not 4A, and suppression of gun found on arrest would not be granted

There was a New York local court arrest warrant for defendant, and he was arrested on it in Georgia, and then indicted in federal Georgia for being a felon in possession. The government conceded that the arrest violated New York … Continue reading

Posted in Arrest or entry on arrest, Conflict of laws | Comments Off

W.D.La.: Parole search waiver applies to the car def borrowed since he had standing in it

Defendant’s parole search condition extended to a car he borrowed. After all, he had sufficient connection to the car to have standing to challenge a search. United States v. Meaux, 2017 U.S. Dist. LEXIS 189415 (W.D. La. Oct. 27, 2017), … Continue reading

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TX13: Search incident can occur before formal arrest as long as both are justified

Search incident can occur before formal arrest as long as both are justified. Hill v. State, 2017 Tex. App. LEXIS 10749 (Tex. App. – Corpus Christi – Edinburg, Nov. 16, 2017) (memorandum).* Appellant’s claims that VA attorneys hacked her computer … Continue reading

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D.N.M.: Officers did not have reason to believe defendant was the person named in his arrest warrant when they detained him; arrest suppressed

The US Marshals did not have a reasonable articulable basis that defendant was the person named in their arrest warrant at the time they detained him on it, and the product of the arrest is suppressed. United States v. Morales, … Continue reading

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LA: Search incident can occur before formal arrest

The trial court denied the motion to suppress and the court of appeals reversed. When defendant’s name came back as having a warrant, the fact the search occurred before the formal arrest doesn’t matter. State v. Owens, 2017 La. LEXIS … Continue reading

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Cert. granted: Lozman v. City of Riviera Beach, Florida: Whether the existence of probable cause defeats a First Amendment retaliatory-arrest claim as a matter of law.

Cert. granted: Lozman v. City of Riviera Beach, Florida (ScotusBlog) Issue: Whether the existence of probable cause defeats a First Amendment retaliatory-arrest claim as a matter of law. See Miami Herald: First the city sunk his houseboat. Now, he’s at … Continue reading

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IA: Dad can’t raise son’s rights when son was arrested and gave dad up as his source of drugs

Defendant’s juvenile son was selling from his dad’s stash. After the son’s arrest, he gave up his source. Defendant can’t raise violations of his son’s Fourth and Fifth Amendment or statutory rights as a juvenile to challenge the probable cause … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Burden of proof, Standing | Comments Off

N.D.Fla.: Entry into motel room was valid with arrest warrant when officers reasonably believed he would be there

The U.S. Marshal’s fugitive task force, with arrest warrant in hand, was looking for defendant. They were watching his motel room and saw him outside and gave chase. They lost sight of him and circled back to his hotel room … Continue reading

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CA7: Hot pursuit of a purported drug dealer into ptf’s house was valid under Santana

The police approached a young man on the street in an area known for drug trade to talk to him. He “turned on his heels” and fled, with the police in pursuit, right to plaintiffs’ house, past one plaintiff out … Continue reading

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OR: Def’s motion to suppress that he was subjected to an “unlawful warrantless arrest” sufficiently put the state on notice that it had to show PC

Defendant was walking four blocks from the area of a disturbance talking on a cell phone. When officers confronted him and commanded he stop, he “bladed up” and reached for a back pocket, making the officers fear he was armed. … Continue reading

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E.D.Mich.: Seeing def in house of another permitted entry to arrest on an arrest warrant

Seeing defendant in the house of another was justification for entry into the home to arrest him on a warrant under Steagald. United States v. Terrell, 2017 U.S. Dist. LEXIS 175483 (E.D. Mich. Oct. 24, 2017). Defendant was stopped for … Continue reading

Posted in Arrest or entry on arrest, Automobile exception | Comments Off