OR: Def’s motion to suppress that he was subjected to an “unlawful warrantless arrest” sufficiently put the state on notice that it had to show PC

Defendant was walking four blocks from the area of a disturbance talking on a cell phone. When officers confronted him and commanded he stop, he “bladed up” and reached for a back pocket, making the officers fear he was armed. They drew their weapons and handcuffed him, and frisked him finding no weapon. His arrest at that point was without probable cause. Defendant’s motion to suppress that he was subjected to an “unlawful warrantless arrest” sufficiently put the state on notice that it had to show probable cause since that shifted the burden to the state. State v. Sepulveda, 288 Ore. App. 632, 2017 Ore. App. LEXIS 1346 (Nov. 1, 2017).

Plaintiff is a California inmate and he alleges that California Correctional Health Care Services violated his Fourth Amendment rights when a work laptop of an employee was stolen. This does not allege a Fourth Amendment violation. Moreover, whether his health information was on the computer is speculative and doesn’t state a case or controversy. Pavageau v. Cal. Corr. Health Care Servs., 2017 U.S. Dist. LEXIS 182186 (E.D. Cal. Nov. 1, 2017).*