Daily Archives: November 4, 2018

N.D.Iowa: With PC to arrest because of prior immigration removal, distance from border doesn’t matter

Even though they were more than 100 miles from an international border, ICE officers had probable cause (which was conceded) to believe that defendant was in the U.S. despite having been previously removed. Therefore, the stop was valid. United States … Continue reading

Posted in Arrest or entry on arrest, Immigration arrests | Comments Off on N.D.Iowa: With PC to arrest because of prior immigration removal, distance from border doesn’t matter

N.D.Iowa: Officers called to noise complaint could ask for ID even though noise had stopped

Officers investigating a noise complaint ended up talking to defendant in a parked car. They could ask for his DL despite the noise having abated. While that was going on, one officer could see marijuana hidden under the edge of … Continue reading

Posted in Cell phones, Computer searches, Reasonable suspicion | Comments Off on N.D.Iowa: Officers called to noise complaint could ask for ID even though noise had stopped

N.D.Ga.: Even though initial entry may have been unlawful, reentry at def’s request to get cell phone to call lawyer was by consent and permitted protective sweep

Defendant was arrested in what was alleged to be an unlawful entry. After he was out, he requested his cell phone so he could call a lawyer. Going back in with him and the protective sweep with it was by … Continue reading

Posted in Consent, Exclusionary rule, Independent source, Protective sweep | Comments Off on N.D.Ga.: Even though initial entry may have been unlawful, reentry at def’s request to get cell phone to call lawyer was by consent and permitted protective sweep