Category Archives: Arrest or entry on arrest

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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N.D.Ga.: NY arrest warrant executed in GA violated NY law but not 4A, and suppression of gun found on arrest would not be granted

There was a New York local court arrest warrant for defendant, and he was arrested on it in Georgia, and then indicted in federal Georgia for being a felon in possession. The government conceded that the arrest violated New York … Continue reading

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W.D.La.: Parole search waiver applies to the car def borrowed since he had standing in it

Defendant’s parole search condition extended to a car he borrowed. After all, he had sufficient connection to the car to have standing to challenge a search. United States v. Meaux, 2017 U.S. Dist. LEXIS 189415 (W.D. La. Oct. 27, 2017), … Continue reading

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TX13: Search incident can occur before formal arrest as long as both are justified

Search incident can occur before formal arrest as long as both are justified. Hill v. State, 2017 Tex. App. LEXIS 10749 (Tex. App. – Corpus Christi – Edinburg, Nov. 16, 2017) (memorandum).* Appellant’s claims that VA attorneys hacked her computer … Continue reading

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D.N.M.: Officers did not have reason to believe defendant was the person named in his arrest warrant when they detained him; arrest suppressed

The US Marshals did not have a reasonable articulable basis that defendant was the person named in their arrest warrant at the time they detained him on it, and the product of the arrest is suppressed. United States v. Morales, … Continue reading

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