Category Archives: Arrest or entry on arrest

DE: Warrantless entry into def’s home seeking a man for questioning in a week old murder violated 4A

Police had no warrant to enter defendant’s house looking for another person for questioning in a robbery-homicide, not to arrest him. The alleged need for a security sweep violated the Fourth Amendment because the police were searching for a third … Continue reading

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WaPo: Editorial: A man was wrongly incarcerated for 77 days. D.C. needs to find out why [he never saw a judge]

WaPo: Editorial: A man was wrongly incarcerated for 77 days. D.C. needs to find out why. INSTANCES OF people illegally imprisoned – without legitimate cause and denied the chance to see a judge or lawyer – may be commonplace in … Continue reading

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KY: Arrest outside a dwelling doesn’t justify a protective sweep inside

An arrest outside an apartment doesn’t justify a protective sweep inside. There was no sufficient emergency to justify an entry into the apartment. Exclusion is the proper remedy. Pace v. Commonwealth, 2017 Ky. LEXIS 389 (March 23, 2017), modified Sept. … Continue reading

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E.D.Mich.: Arrest warrant for another in def’s home didn’t authorize entry without exigency

An arrest warrant for Tyler in defendant’s home didn’t justify entry here because officers didn’t show any exception to the warrant requirement. “The government has provided no authority for the proposition that the arrest warrant for Tyler, Tyler’s status as … Continue reading

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MA: Trial court suppression of confession on tape was clearly erroneous; with PC to arrest, def’s clothing could be seized and forensically tested

The trial court’s order suppressing defendant’s confession and the subsequent search of his clothing is reversed as clearly erroneous. Defendant’s arrest was with probable cause, and that allowed seizure and forensic testing of his clothing. Commonwealth v. Tremblay, 2017 Mass. … Continue reading

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MI: If the arrest is invalid, the inventory that follows it is invalid

If the arrest is invalid, the inventory that follows it is invalid. People v. Wood, 2017 Mich. App. LEXIS 1482 (Sept. 19, 2017). Defendant’s admission he had open containers in the vehicle justified a search for them, and, after they … Continue reading

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CA9: Arrest on mistaken identity gets QI, but continuing the arrest after learning mistake doesn’t; Summers doesn’t apply to arrest warrants

Plaintiff’s initial arrest on mistaken identity was not in violation of clearly established law, and, thus, the officers had qualified immunity. After learning, however, that plaintiff was not the person sought, officers did violate the Fourth Amendment by keeping him … Continue reading

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OH: Def has no standing in place of another that he was arrested in, so Steagald provides him no relief

Defendant could not show he had a reasonable expectation of privacy in the premises of a third person, although he was the person being looked for. The court discusses Steagald and the Ninth Circuit’s en banc Underwood (1983, Treatise §§ … Continue reading

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CA1: There was no “doorway arrest” under Santana when ptf was behind a locked door the entire time

Police entered plaintiff’s house without a warrant to arrest him. An hour had passed, and any exigency was long gone. As for whether this could be a “doorway arrest” under Santana, that too is rejected because plaintiff was behind a … Continue reading

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ME: Officer’s crossing city limits in pursuit, even if a violation of statute, didn’t violate 4A

Even if the officer violated state law on his territorial jurisdiction, following defendant across the city limits into another town to make a traffic stop didn’t violate the Fourth Amendment and there is no reason to apply the exclusionary rule. … Continue reading

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