Daily Archives: March 5, 2021

CA7: Showing up for a controlled buy justifies automobile exception search

A prior controlled buy with defendant showing up for another one justifies a vehicle search under the automobile exception. United States v. Smith, 2021 U.S. App. LEXIS 6166 (7th Cir. Mar. 3, 2021). The trial court credited the officer’s testimony … Continue reading

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CA11: Arrest at the threshold that continued inside where def tried to enter was reasonable

Officers on patrol saw defendant in an apartment building’s parking lot. They saw the bulge they reasonably believed was a gun, and they knew he was a convicted felon. They sought an encounter with him, but defendant refused to stop … Continue reading

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E.D.Tex.: 4A arrest claim also subject to Stone bar

Defendant’s 2254 claim that his arrest was without probable cause on mistaken identity is foreclosed by Stone v. Powell the same as Fourth Amendment search claims. “The opportunity, regardless of whether it is acted upon at the state level, is … Continue reading

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CA1: Breaking the excessive force claim into parts for analysis results in a denial of QI

The officers do not get qualified immunity in this 1983 case. “Certainly, this was not an ‘obvious case’ where the officers so blatantly violated the Fourth Amendment that recourse to factually analogous case law is unnecessary. Wesby, 138 S. Ct. … Continue reading

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MO: DNA could be taken from def’s genitalia without a warrant on arrest shortly after alleged crime because of exigency

Exigent circumstances permitted the police to take DNA samples from defendant’s genitalia within minutes of an alleged rape. Time was of the essence because the DNA could be lost if defendant were left to his own devices or even possibly … Continue reading

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