Category Archives: Arrest or entry on arrest

D.Conn.: Targetted burner phone ringing during stop on RS was PC for def’s arrest

CIs gave information that they bought drugs from a guy with a burner phone, and the phone was ultimately linked to defendant. Based on collective knowledge, the police had sufficient information for reasonable suspicion to stop and detain defendant. Defendant … Continue reading

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FL: Use of Stringray to find def to arrest him was valid or valid under GFE

The use of a Stingray cell site simulator to find defendant to find him to arrest him didn’t violate the Fourth Amendment. Even if it did, the good faith exception makes it valid here. Andres v. State, 2018 Fla. LEXIS … Continue reading

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N.D.Ind.: Once the police see PC, they don’t have to investigate alternative theories to dispel it

Defendant’s theoretical possibilities that more could have been done to investigate doesn’t undermine the probable cause that already existed. The police didn’t have to investigate all the alternatives to what could have been when they had probable cause as to … Continue reading

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D.Kan.: Having a 15-year-old runaway in a motel room falsely implying a marital relationship is exigency for entry

Defendant was accused of staying in a motel with a 15-year-old runaway apparently listed with the hotel as his likely wife, and the facts presented to the officers, as in other courts in similar cases, provided exigent circumstances. Probable cause … Continue reading

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N.D.Ill.: Def’s alleged torture during arrest in Mexico with DEA there and allegedly watching didn’t justify dismissal under CA7 precedent

Defendant claimed that he was arrested in Mexico by their military with the DEA on the scene, and that he was allegedly tortured by the Mexican military. His outrageous conduct for dismissal claim is foreclosed by Seventh Circuit case law. … Continue reading

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W.D.Tenn.: Reasonable to block and stop a car that an officer thought had the subject of an arrest warrant in it

It was reasonable for the officer to block a car because he reasonably suspected that the person he wanted on an arrest warrant was in it and the honking of the car horn might have been a warning to others … Continue reading

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D.P.R.: Entry was justified to arrest a wanted dangerous person

Defendant had standing as a guest in Commonwealth subsidized housing. The record wasn’t clear on how long he stayed there in total, but clearly at the time of the search. The occupant’s lease prohibited extended stay guests, but it also … Continue reading

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CA9: School resource officer’s arrest of alleged bullying middle school girls ‘to prove a point’ and ‘make [them] mature a lot faster’ was unreasonable under T.L.O.

Arresting middle school girls for alleged bullying and fighting at school violated the Fourth Amendment and was unreasonable: “After concluding that the girls were unresponsive and disrespectful, the deputy arrested the girls ‘to prove a point’ and ‘make [them] mature … Continue reading

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CA9: Search of backpack was inevitable either as SITA or booking

Defendant was booked on two misdemeanors, and his backpack was searched. If his backpack wasn’t subject to a search incident, it was subject to inevitable discovery for a search at booking. Also, for what it’s worth, defendant twice attempted to … Continue reading

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CA11: Hot pursuit of a misdemeanant into a dwelling is permitted by the 4A

Hot pursuit of a misdemeanant into a dwelling is permitted by the Fourth Amendment, and observation of drugs was valid. United States v. Concepcion, 2018 U.S. App. LEXIS 25001 (11th Cir. Sep. 4, 2018). Defendant’s claim that his confession was … Continue reading

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W.D.Mich.: Def standing next door wasn’t on his property when the SW was executed at his house and could not be detained

A search warrant was issued for defendant’s house for two buys from it: one an hour earlier, and another a week earlier. The warrant authorized detention and search of persons found there. When 19 officers showed up to serve the … Continue reading

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W.D.Ky.: Facially valid arrest warrant not undermined by def’s claim he had an alibi for crime

Defendant argues that the execution of the arrest warrant on him in his own house was invalid because he had an alibi for the time of the crime. That’s not up to the executing officers. The warrant was facially valid. … Continue reading

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