Category Archives: Arrest or entry on arrest

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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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

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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

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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

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The Marshall Project: Forget The Ticket–Could You Get Arrested For A Parking Violation?

The Marshall Project: Forget The Ticket–Could You Get Arrested For A Parking Violation? by Katy Naples-Mitchell:

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DE animal control officers can get arrest warrants for animal offenses

Animal control officers in Delaware have the authority to obtain arrest warrants for animal control laws. Smith v. First State Animal Center, 2018 Del. Super. LEXIS 423 (Oct. 4, 2018).* Excessive window tinting justified the stop, and the officer didn’t … Continue reading

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Cal.3: When detained on an arrest warrant, prolonging it isn’t much of an issue

Defendant was lawfully detained on an arrest warrant, and prolonging it wasn’t a real issue. People v. Delgado, 2018 Cal. App. LEXIS 896 (3d Dist. Oct. 1, 2018).* Defendant was lawfully arrested for resisting during a lawful traffic stop. He … Continue reading

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N.D.Okla.: Arrest inside the door permitted protective sweep

The arrest of the codefendant inside house permitted a protective sweep. United States v. Jones, 2018 U.S. Dist. LEXIS 166347 (N.D. Okla. Sep. 27, 2018). “These nine ineffective assistance of counsel claims are properly evaluated under the Strickland standard, meaning … Continue reading

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E.D.N.Y.: Vehicle occupant’s “dipping motion” during stop was hiding something and RS

A vehicle occupant making a “dipping motion” when a stop occurs like they’re putting something on the floor or under the seat, either contraband or a weapon, is reasonable suspicion. United States v. Roberts, 2018 U.S. Dist. LEXIS 161968 (E.D. … Continue reading

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