Category Archives: Arrest or entry on arrest

CA9: Being detained and then moved with hands briefly behind back wasn’t an arrest

Defendant’s brief detention and moving him from a public area to a private area was not a seizure, even though his hands were held behind his back as he walked. United States v. Torres, 2018 U.S. App. LEXIS 11897 (9th … Continue reading

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S.D.N.Y.: Envelopes seen in plain view during arrest suggested drug proceeds and was valid plain view

Officers had an arrest warrant and took defendant into custody. A protective sweep was done and plain view observations were made, including cash in envelopes. The plain view, but without mention of the cash, was used to get a search … Continue reading

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E.D.Va.: Def could be seized under the SW for the business searched when he was found near the door heading in

The narcs timed execution of a search warrant for when defendant’s heroin dealer would arrive. He was near the front door when the police arrived, and he could be detained under Summers and Bailey. United States v. Jones, 2018 U.S. … Continue reading

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PA: “Reason to believe” in Payton and Steagald means probable cause

“Reason to believe” in Payton and Steagald means probable cause. It cannot constitutionally be less and be faithful to the protection of the home from unreasonable invasions. This case includes a thorough discussion of both cases and their constitutional requirements. … Continue reading

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OH2: Description of “things to be seized” couldn’t be more particular

The search warrant for child pornography was particular and not overbroad. No more particular description was reasonably expected. “Under the circumstances, the search warrant could not reasonably have described the items more precisely.” Defendant’s search residence was in Wisconsin, and … Continue reading

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GA: Allegedly illegally seized journals the state agreed not to use could be used as prior inconsistent statements when def testified

Defendant’s journals were allegedly illegally seized, and the state agreed not to use them. Defendant testified, and the state sought to put the journals into evidence for impeachment as a prior inconsistent statement. When the trial court allowed it, defendant … Continue reading

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ID: Search of driver while waiting for confirmation of outstanding warrant suppressed; second search after finding it was valid; no inevitable discovery

Defendant was stopped for a traffic offense, and it came back that there might be a warrant for him. Under state practice, the police then seek confirmation of the warrant before acting on it. Here, however, defendant was frisked incident … Continue reading

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OH10: Def walking down street with a bullet magazine on belt wasn’t violating law and he could ignore officers

Defendant was walking down the street, and officers noticed he had a bullet magazine on his belt. They followed him to his residence, and he declined to talk to them and went inside. Their entry into his residence violated the … Continue reading

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CA11: Protective sweep was justified by an extra car out front and voices from inside

A protective sweep was justified by an extra car out front and voices from inside. United States v. Ratcliff, 2018 U.S. App. LEXIS 5443 (11th Cir. Feb. 28, 2018). Officer “knocked” on defendant’s tent at a campsite to talk to … Continue reading

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M.D.Ala.: Ordering man to crawl out of hotel room before entry was reasonable where officer had arrest warrants for occupant

Defendant was ordered out of a hotel room for officer safety by crawling out. Viewed as a Terry stop, it lacked reasonable suspicion [so why decide it?] but the officers were there with arrest warrants, and that was reasonable under … Continue reading

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E.D.Va.: Arrest at the threshold wasn’t an entry in violation of 4A

Police received a call about drug trafficking, and, when they arrived, they could smell marijuana. That was enough. “Jones unsuccessfully attempts to distinguish between possession of marijuana for commercial activity—i.e., selling it—and possession for personal use.” Officers knocked at the … Continue reading

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MA: Officer could follow def into open garage during active drug trafficking investigation

“A Superior Court judge properly denied a criminal defendant’s pretrial motion to suppress evidence discovered following a police officer’s warrantless entry into an open garage through which the officer followed the defendant after observing him standing inside it during a … Continue reading

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