Category Archives: Arrest or entry on arrest

LA: Search incident can occur before formal arrest

The trial court denied the motion to suppress and the court of appeals reversed. When defendant’s name came back as having a warrant, the fact the search occurred before the formal arrest doesn’t matter. State v. Owens, 2017 La. LEXIS … Continue reading

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Cert. granted: Lozman v. City of Riviera Beach, Florida: Whether the existence of probable cause defeats a First Amendment retaliatory-arrest claim as a matter of law.

Cert. granted: Lozman v. City of Riviera Beach, Florida (ScotusBlog) Issue: Whether the existence of probable cause defeats a First Amendment retaliatory-arrest claim as a matter of law. See Miami Herald: First the city sunk his houseboat. Now, he’s at … Continue reading

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IA: Dad can’t raise son’s rights when son was arrested and gave dad up as his source of drugs

Defendant’s juvenile son was selling from his dad’s stash. After the son’s arrest, he gave up his source. Defendant can’t raise violations of his son’s Fourth and Fifth Amendment or statutory rights as a juvenile to challenge the probable cause … Continue reading

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N.D.Fla.: Entry into motel room was valid with arrest warrant when officers reasonably believed he would be there

The U.S. Marshal’s fugitive task force, with arrest warrant in hand, was looking for defendant. They were watching his motel room and saw him outside and gave chase. They lost sight of him and circled back to his hotel room … Continue reading

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CA7: Hot pursuit of a purported drug dealer into ptf’s house was valid under Santana

The police approached a young man on the street in an area known for drug trade to talk to him. He “turned on his heels” and fled, with the police in pursuit, right to plaintiffs’ house, past one plaintiff out … Continue reading

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OR: Def’s motion to suppress that he was subjected to an “unlawful warrantless arrest” sufficiently put the state on notice that it had to show PC

Defendant was walking four blocks from the area of a disturbance talking on a cell phone. When officers confronted him and commanded he stop, he “bladed up” and reached for a back pocket, making the officers fear he was armed. … Continue reading

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E.D.Mich.: Seeing def in house of another permitted entry to arrest on an arrest warrant

Seeing defendant in the house of another was justification for entry into the home to arrest him on a warrant under Steagald. United States v. Terrell, 2017 U.S. Dist. LEXIS 175483 (E.D. Mich. Oct. 24, 2017). Defendant was stopped for … Continue reading

Posted in Arrest or entry on arrest, Automobile exception | Comments Off

NY: Threshold arrests remain valid in NYS

Defendant’s arrest at his threshold when he answered his door was valid. The court declines to overturn its “longstanding rule.” People v. Garvin, 2017 NY Slip Op 07382, 2017 N.Y. LEXIS 3201 (Oct. 24, 2017). There was reasonable suspicion defendant … Continue reading

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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

Posted in Arrest or entry on arrest, Emergency / exigency | Comments Off

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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