Daily Archives: March 4, 2017

CA10: The common law “in the presence” requirement for warrantless misdemeanor arrests isn’t mandated by 4A

There was probable cause to arrest defendant when he became combative about being questioned for a theft from a Walgreens two days earlier which resulted in a six month sentence. Plaintiff’s argument that the off-duty officer couldn’t arrest without an … Continue reading

Posted in Arrest or entry on arrest | Comments Off

MS: No IAC for not pursuing an obvious scrivener’s error; warrant issued same day it was applied for

The search warrant was clearly issued September 4th. The typo “Aug.” was on some of the papers, but reading the entirety of the paperwork, it was obvious this was only a scrivener’s error. The warrant was issued the same day … Continue reading

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LA4: Calling police to a dead body in your home and then letting them in is consent

“Defendant called the police to report that he found his friend dead in the residence. The call was dispatched as an unclassified death. Det. Gex was the only responding police officer who testified. He arrived at the scene between 8:00 … Continue reading

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E.D.Ark.: There is no such thing as a negligent search and seizure claim

There is no such thing as a negligent search and seizure claim. Rudd v. City of Jonesboro, 2017 U.S. Dist. LEXIS 28682 (E.D.Ark. March 1, 2017). The search of plaintiff’s truck in a garage was reasonable and officers get qualified … Continue reading

Posted in § 1983 / Bivens, Qualified immunity | Comments Off