MI: Ordering def out of his house for a misdemeanor arrest without showing of exigency unreasonable

Defendant’s arrest violated the Fourth Amendment because it was the product of an illegal constructive entry without any exigency that occurred when armed police officers surrounded his trailer and ordered the occupants out. They could not have arrested defendant for the misdemeanor offense of brandishing a firearm under state law. “Trapp was not subject to arrest for anything he had done before the police arrived.” His resistance to arrest was therefore justified under state common law, so his conviction for resisting and obstructing a police officer had to be reversed. People v. Trapp, 2020 Mich. App. LEXIS 8478 (Dec. 17, 2020).

An identified CI who wanted her identity kept from the defendant isn’t an anonymous source. United States v. Brown, 496 F.3d 1070, 1075 (10th Cir. 2007). The information was corroborated on the scene and provided reasonable suspicion. United States v. Romero, 2020 U.S. App. LEXIS 39681 (10th Cir. Dec. 17, 2020).*

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