Category Archives: Arrest or entry on arrest

NC: Officer’s reasonable but mistaken belief that def’s picture was in a database of wanted persons made the arrest valid

The officer’s reasonable but mistaken belief that defendant’s picture was in a database of wanted persons made the arrest valid. “Additionally, the seizure of a person based on a reasonable mistake as to that person’s identity is constitutional. State v. … Continue reading

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D.Ariz.: ICE detainer signed by ICE officer on PC doesn’t violate 4A

An ICE detainer signed by an ICE officer authorizing a hold for up to 48 hours on top of state charges was not a violation of the Fourth Amendment. United States v. Gomez-Robles, 2017 U.S. Dist. LEXIS 211348 (D. Ariz. … Continue reading

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MN: Roadside FST and PBT are not searches

Roadside field sobriety testing and then a PBT with probable cause is not a search under the Fourth Amendment. Vondrachek v. Comm’r of Pub. Safety, 2017 Minn. App. LEXIS 318 (Dec. 18, 2017). The officer’s observations of defendant was independent … Continue reading

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CA11: It’s reasonable to assume the person named in an arrest warrant is home at 11 pm

Officers had an arrest warrant for plaintiff and a reasonable belief he’d be at home at 11 pm in February when it would be presumed one would be home. He’d listed that place as his address during a prior arrest, … Continue reading

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N.D.Ga.: Facebook SW was valid when issued, but later case law said it would have been overbroad; valid by GFE

The Facebook warrant here was overbroad, but it was consistent with case law at the time. Later case law said that it would have been overbroad. Nevertheless, reliance on case law at the time the search warrant was issued is … Continue reading

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IL: When lack of PC for arrest is raised, the state can rely on hearsay to establish it

When the defendant challenges probable cause for arrest, hearsay is admissible to show it. People v. Horine, 2017 IL App (4th) 170128, 2017 Ill. App. LEXIS 743 (Dec. 5, 2017):

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CA6: Moving to withdraw plea after three months because “there were technical issues with his arrest warrant” is denied; not a ground for relief

Defendant moved to withdraw his plea three months later because “there were technical issues with his arrest warrant.” “Further, Miller never asserted his innocence, which also weighs against granting the motion. He argued only that he should be permitted to … Continue reading

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CA9: Police can enter suspect probationer’s parent’s house where she lived looking for her

Police could enter a commonly used residence to look for a probationer they had probable cause to believe committed a violent crime, over the protests of the primary occupant, her mother. They entered over the mother’s objection but didn’t find … Continue reading

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D.P.R.: Threshold arrest of defendant in his underwear justifies a protective sweep

A threshold arrest of defendant in his underwear justifies a protective sweep because he’d have to get his clothes. United States v. Rodriguez-Madera, 2017 U.S. Dist. LEXIS 196636 (D. P.R. Nov. 28, 2017):

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KUOW: 10,000 warrants in Seattle: Here’s a chance for some to avoid arrest

KUOW: 10,000 warrants in Seattle: Here’s a chance for some to avoid arrest by Patricia Murphy:

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CA3: Citation or summons is not an “arrest” in common usage or in the single arrest situations in application of the U.S.S.G.

A citation or summons is not an “arrest” in common usage or in the single arrest situations in application of the U.S. Sentencing Guidelines. United States v. Ley, 2017 U.S. App. LEXIS 23637 (3d Cir. Nov. 22, 2017). Defendant didn’t … Continue reading

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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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