Category Archives: Arrest or entry on arrest

San Bernardino County Sun: San Bernardino County settles for $390000 with families of girls arrested to ‘teach them a lesson’

San Bernardino County Sun: San Bernardino County settles for $390000 with families of girls arrested to ‘teach them a lesson’. The case: CA9: School resource officer’s arrest of alleged bullying middle school girls ‘to prove a point’ and ‘make [them] … Continue reading

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OH11: Def was reasonably believed to be a resident in motel room, not a visitor, so arrest warrant permitted entry

Officers had reason to believe that defendant was a resident in the motel room, not a visitor, so an arrest warrant was enough for officers to enter. State v. Hughes, 2018-Ohio-5069. 2018 Ohio App. LEXIS 5384 (11th Dist. Dec. 17, … Continue reading

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MA: Under state const., police created exigency by attempted warrantless arrest at home suppressed

Massachusetts interprets its state constitution to provide greater protection in the home than the Fourth Amendment. Thus, when the police come to a house without an arrest warrant, they can’t use the likelihood they will create an exigency for an … Continue reading

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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

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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

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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:

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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

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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

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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

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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

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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

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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

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