Archives for: November 2007, 16
11/16/07
Meth cook was exigent circumstance when the kids started coming home
A snitch was inside the defendant's house and reported to the police when he came out that the defendant had a pill soak going on. The snitch was a meth cook himself. The house was under surveillance while a search warrant was being prepared. The defendant was outside, preparing to leave. Then, the children of the home were seen coming home, and the officers decided to seize the house to prevent the children from going inside. The seizure was valid as based on exigent circumstances. United States v. Gray, 2007 U.S. Dist. LEXIS 83946 (D. Utah November 13, 2007).*
Defendant had been arrested inside and taken outside and put in a patrol car. The search of the living room at that point was hardly incident to his arrest. The state's alternative argument that defendant abandoned the bag that was left inside on his arrest was also unavailing, he retained an expectation of privacy in it, and the occupant's consent to search that bag was ineffective. State v. McCarthy, 288 Ga. App. 426, 654 S.E.2d 239 (2007).*
Defendant was stopped because his headlights were off at 2:30 a.m., and that was justification for the stop. State v. Boyd, 2007 Wisc. App. LEXIS 982 (November 14, 2007)* (probably will be unpublished, but the opinion does not say; decided by one appellate judge).
Officer had an uncorroborated anonymous tip of smoking of marijuana at a bar, and he showed up there and the occupants reacted by running when they saw him, and that made corroboration. State v. Moore, 2007 Wisc. App. LEXIS 989 (November 14, 2007).*
Officers with an arrest warrant do not need to wait for the defendant to come out
Officers with an arrest warrant do not have to wait for the defendant to come out of the house to arrest him--they can go in to his residence, particularly if there are security concerns. United States v. Williams, 2007 U.S. App. LEXIS 26462 (2d Cir. November 15, 2007) (unpublished):
To the extent Williams asserts that federal agents should never have entered his residence because they could easily have executed the warrant for his arrest on the street, the law is well established that "an arrest warrant founded on probable cause implicitly carries with it the limited authority to enter a dwelling in which the suspect lives when there is reason to believe the suspect is within." United States v. Lovelock, 170 F.3d 339, 343 (2d Cir. 1999) (quoting Payton v. New York, 445 U.S. 573, 603, 100 S. Ct. 1371, 63 L. Ed. 2d 639 (1980)). The record evidence established the necessary reasonable belief of Williams's presence in his residence, and further identified valid security reasons for effecting the arrest inside the premises.
Officers had probable cause to believe defendant was inside, so they could enter with a warrant to arrest him. State v. Drown, 2007 ME 142, 937 A.2d 157 (2007).*
The government failed to prove that there were exigent circumstances for a warrantless entry and protective sweep. Officers responded to a disturbance call with a report of a gun, but the person who made the call denied ever stating that there was a gun involved. Also, the defendant left the area when instructed, and then the officers had no cause to search his separate premises. Motion to suppress granted. United States v. McKinney, 2007 U.S. Dist. LEXIS 84196 (N.D. Miss. November 14, 2007).
A TVA law enforcement officer exists under federal law, 16 U.S.C. § 831r, so a § 1983 action cannot be maintained against him; it must be under Bivens, and it cannot be brought in his official capacity. Merely "unnecessarily tackling" plaintiff was not unreasonable force. Hendricks v. Governor's Taskforce for Marijuana Eradication, 2007 U.S. Dist. LEXIS 84171 (E.D. Tenn. November 14, 2007).*
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by John Wesley Hall
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—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
— Terry
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—United
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is not that it denies law enforcement the support of the usual inferences which
reasonable men draw from evidence. Its protection consists in requiring that
those inferences be drawn by a neutral and detached magistrate instead of being
judged by the officer engaged in the often competitive enterprise of ferreting
out crime."
—Johnson
v. United States, 333 U.S. 10, 13-14 (1948)
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