If there is probable cause for an arrest without a warrant, it doesn\u2019t matter that officers had time to get an arrest warrant and didn\u2019t or that they didn’t arrest at the earliest possible time. An arrest warrant is not constitutionally required for a felony. The search of the vehicle here was justified by the automobile exception after illegal persons were found inside where they had just come ashore. That the search of the vehicle was limited doesn\u2019t help defendant at all. United States v. Herrera-Castillo, 2017 U.S. Dist. LEXIS 4783 (D.P.R. Jan. 10, 2017). [How often do you see an argument that the officers didn\u2019t search intensely enough?]<\/p>\n
Defendant at first made a preliminary showing that the CI\u2019s identity might be required in litigation over the reasonable suspicion for his probation search. On reconsideration, the court concludes there is no materiality in disclosing that because it is adequately developed to show reasonable suspicion. The motion is denied. United States v. Taylor, 2017 U.S. Dist. LEXIS 3873 (D.S.D. Jan. 11, 2017).<\/p>\n","protected":false},"excerpt":{"rendered":"
If there is probable cause for an arrest without a warrant, it doesn\u2019t matter that officers had time to get an arrest warrant and didn\u2019t or that they didn’t arrest at the earliest possible time. An arrest warrant is not … Continue reading