Daily Archives: March 24, 2021

W.D.Ark.: Officer acting outside his local jurisdiction isn’t 4A issue

“Mr. van Leeuwen also claims that Boone County officers were without jurisdiction when they arrested him in his Marion County home, in alleged violation of Arkansas Code § 14-15-501. However, ‘[a] police violation of state law does not establish a … Continue reading

Posted in Apparent authority, Cell site location information, Good faith exception, Reasonableness | Comments Off on W.D.Ark.: Officer acting outside his local jurisdiction isn’t 4A issue

ID: Police knowledge def was attempting to destroy evidence of a murder including burning the body and other evidence was exigency for entry

Police knowledge defendant was destroying evidence of a violent crime on his premises was exigency for a warrantless entry. “Lopez reported to the police that he had seen Davis’s body.” Police knew: “Smith was actively attempting to destroy evidence by … Continue reading

Posted in Consent, Emergency / exigency | Comments Off on ID: Police knowledge def was attempting to destroy evidence of a murder including burning the body and other evidence was exigency for entry

TX1: Police coming to door for knock-and-talk wasn’t a trespass

Police came to defendant’s door for a knock-and-talk, and, when he opened it, the officers smelled marijuana. They went off for a search warrant. Approaching the door for a knock-and-talk was not a trespass. Howard v. State, 2021 Tex. App. … Continue reading

Posted in DNA, Knock and talk, Prison and jail searches, Trespass | Comments Off on TX1: Police coming to door for knock-and-talk wasn’t a trespass