Category Archives: Immigration arrests

E.D.Mo.: Inventory of car totaled in flight from police was reasonable on totality

The inventory of defendant’s car after he totaled it fleeing from the police in a wreck was reasonable on the totality. Defendant argued that inventory was improper just from curiosity. United States v. Twiggs, 2023 U.S. Dist. LEXIS 204654 (E.D. … Continue reading

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CA6: State issuing magistrate’s failure to transcribe supplemental information for PC was not enough to suppress

The affidavit and supplementing testimony provided substantial probable cause for issuance of the warrant. State law requires any testimony supplementing a search warrant affidavit be preserved and transcribed. The state issuing magistrate failed. The officer, however, acted in good faith, … Continue reading

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OR: State const. doesn’t bar checking for warrants during traffic stop

Officers are not prohibited under the state constitution from checking for outstanding warrants during a traffic stop, during a lull or not. There are valid safety and policy reasons for it. State v. Civil, 328 Or App 662, 2023 Ore. … Continue reading

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D.Mont.: On foot in rural MT in area known for illegal border crossings was RS for stop

“Excluding Manrique-Frias’s clothing, the CBP officers observed Manrique-Frias walking in an unpopulated rural area within miles of the border where illegal on-foot entry recently had increased and in weather conditions that a person typically would not walk. Agent Buchnowski testified … Continue reading

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CA8: Discretion to have another retrieve vehicle doesn’t void inventory

“Even if we assume that Deputy Johnson had an investigatory motive, we still hold that the inventory search was reasonable. Indeed, after Deputy Johnson arrested Nielsen on an active felony-drug warrant, SCSD policy required Deputy Johnson to have Nielsen’s vehicle … Continue reading

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OH12: Protective sweeps didn’t require consent

The protective sweep didn’t require consent. Moreover, the argument wasn’t preserve below. State v. Mott, 2023-Ohio-2268 (12th Dist. July 3, 2023).* Based on the totality, it was objectively reasonable to believe defendant was speeding when the officer decided to stop … Continue reading

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M.D.Pa.: Holding ptf’s car for 9 weeks without justification states 5A, not 4A, claim

Police seized plaintiff’s car and held it without justification for nine weeks. Plaintiff’s states a claim under the Fifth Amendment, but not the Fourth. Kelly v. Bell, 2023 U.S. Dist. LEXIS 74807 (M.D. Pa. Apr. 28, 2023). “A search-warrant advisory … Continue reading

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OH9: Growing house fire next door was exigency to clear def’s house

Defendant’s next door neighbor’s house caught on fire, and police at the scene acted reasonably in entering his house to clear it when the fire grew and they reasonably feared it would spread to the houses next door. State v. … Continue reading

Posted in Arrest or entry on arrest, Border search, Emergency / exigency, Excessive force, Immigration arrests, Rule 41(g) / Return of property, Standing | Comments Off on OH9: Growing house fire next door was exigency to clear def’s house

D.C.Cir.: Bivens not extended to immigration detention

Bivens should not be extended to an immigration detention. K.O. v. Sessions, 2022 U.S. App. LEXIS 20984 (D.C. Cir. July 29, 2022). Plaintiff filed a § 1983 case against his prosecution which fails on Younger grounds. As to an illegal … Continue reading

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CA9: IRS didn’t coerce consent, def was advised of rights in writing

“To prove a Fourth Amendment violation, Orrock needed to show by clear and convincing evidence that an IRS agent induced a consent search by deceit, trickery, or an affirmative misrepresentation. … No IRS agent made an affirmative misrepresentation. Rather, Orrock … Continue reading

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CA3: Def’s immigration detention was not an egregious 4A violation

Defendant was involved in an immigration stop where officers were looking for another person allegedly illegally reentering. After finding he was not the person they were looking for, they tried to confirm his identity, and the detention might have been … Continue reading

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D.D.C.: New 4A issues in reply brief are normally waived

After a motion to suppress was filed and briefed and the government responded, new issues in the reply brief are usually treated as waived. Here, however, the court will let him proceed on those issues and he can file a … Continue reading

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IN: There is no immigration exception to the 4A

There is no immigration exception to the Fourth Amendment. The City can conclude that immigration administrative detainers violate the Fourth Amendment. City of Gary v. Nicholson, 2021 Ind. App. LEXIS 381 (Dec. 10, 2021):

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LA5: Chain of custody issue after search isn’t a motion to suppress issue

A chain of custody dispute from a search isn’t proper in a motion to suppress. That’s a trial issue. State v. Mackey, 2021 La. App. LEXIS 1068 (La. App. 5 Cir. July 12, 2021). “Plaintiff Sally Gaetjens sued various local … Continue reading

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W.D.Mo.: Shooting victim or suspect? Officers couldn’t tell and that was reasonable suspicion.

Shooting victim or suspect? Officers couldn’t tell and that was reasonable suspicion. “Here, the officers knew that two black males were shooting firearms, and Defendant and Jackson were two black males who had been involved in the shooting. While the … Continue reading

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CA5: RS for immigration stop was based on location and officer’s experience

“The Government argues, and we agree, that the totality of the circumstances here support a finding that Agent Stauffiger had reasonable suspicion to justify stopping Nelson’s vehicle. First, our Court has recognized that proximity to the border is ‘a paramount … Continue reading

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CA5 declines to extend Bivens to 4A claims outside the home

Court declines to extend Bivens to a search in parking lot because it thinks SCOTUS would agree. Bivens was a search of the home. Byrd v. Lamb, 2021 U.S. App. LEXIS 6844 (5th Cir. Mar. 9, 2021). “Henriquez-Perez has not … Continue reading

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OH11: Driver being passed out behind the steering wheel with the engine running is RS

The driver being passed out behind the steering wheel with the engine running and radio playing is reasonable suspicion. State v. Cassel, 2021-Ohio-661, 2021 Ohio App. LEXIS 654 (11th Dist. Mar. 8, 2021).* Defendant’s stop was justified by a traffic … Continue reading

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CA9: ICE warrant authorized knocking at appellant’s door, and co-occupant consented to entry

ICE officers could approach appellant’s door under Jardines with an immigration arrest warrant even though it is not a judicial warrant. “The immigration warrant licensed the officers to solicit consent to entry for the limited purpose of enforcing the civil … Continue reading

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CA9: When the 4A question isn’t settled, the alleged 4A violation can’t be egregious in immigration cases

“In immigration proceedings, the exclusionary rule applies to evidence obtained in violation of the Fourth Amendment only when the violation is egregious. … Petitioners bear the burden of making a prima facie showing of an egregious Fourth Amendment violation. … … Continue reading

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