Category Archives: Arrest or entry on arrest

N.D.Ga.: Opening car door during stop requires RS

Opening a car door during a traffic stop requires reasonable suspicion and is governed by Terry. On the totality, officers had it based on a detailed BOLO. United States v. Crumbley, 2024 U.S. Dist. LEXIS 189567 (N.D. Ga. Oct. 18, … Continue reading

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IA: A brief detention at the scene is not “arrest” for speedy trial purposes

“Arrest” for speedy trial purposes doesn’t include a brief detention at the scene before the actual arrest. State v. Harris, 2024 Iowa Sup. LEXIS 79 (Oct. 4, 2024). Defendant satisfied his first Franks burden of a substantial preliminary showing of … Continue reading

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OH1: “Suspicious vehicle” report didn’t justify stop when it drove off as officers were looking at it

Officers had a report of a suspicious vehicle on an apartment complex parking lot. They stopped and shined lights on it and looked. After about a minute, the vehicle drove off. The stop was without reasonable suspicion and was a … Continue reading

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W.D.Pa.: A state court dispute over return of seized property held by feds heading toward contempt was removable to federal court

Defendant’s property was seized under a state search warrant. Defendant sought return in state court, but it had been transferred to federal officers. They refused return. Contempt was sought against the federal officers in state court and this was removable … Continue reading

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D.P.R.: REP in workplace isn’t automatic; here there wasn’t any in a postal sorting area

A reasonable expectation of privacy in one’s workspace is not automatic. Here it was a postal worker in a sorting area, and that wasn’t private. United States v. Alarcón-Rodríguez, 2024 U.S. Dist. LEXIS 175916 (D.P.R. Sep. 25, 2024).* “Because a … Continue reading

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D.Minn.: A cell phone tracking order was permitted where there was an arrest warrant for defendant

“Despite a dearth of binding precedent, this Court is satisfied that the existence of an active arrest warrant provides a sufficient basis for a magistrate judge to find probable cause to issue a tracking warrant allowing law enforcement to monitor … Continue reading

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M.D.Pa.: No constitutional requirement to get arrest warrant for misdemeanor committed in officer’s presence

There is no constitutional requirement for an officer to get an arrest warrant to arrest based on a misdemeanor committed in his presence. The common law says the officer can. United States v. Alvarez, 2024 U.S. Dist. LEXIS 172609 (M.D. … Continue reading

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GA: Swabbing handcuffed arrestee’s hands for DNA valid as SI

Swabbing defendant’s hands for DNA while he was handcuffed in an interrogation room was valid as search incident. The DNA was easily destroyed. (Thus exigency too.) Gonzalez v. State, 2024 Ga. LEXIS 203 (Sep. 17, 2024). An warrant still in … Continue reading

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N.D.Ind.: Cell phones are “tools of the trade” of drug dealing, so nexus is minimal [actually, practically non-existent]

While cell phones are “tools of the trade” of drug dealing, they usually can be swept up in a search warrant for the premises. While that works in drug cases, there should be caution in other types of cases. United … Continue reading

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D.Conn.: LEO accessing public social media accounts doesn’t implicate 4A

A prison security official’s accessing a potential visitor’s social media accounts to determine whether the visitor is some kind of security threat doesn’t violate the Fourth Amendment. Lawrence v. Zack, 2024 U.S. Dist. LEXIS 161377 (D. Conn. Sep. 9, 2024). … Continue reading

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W.D.Pa.: Losing suppression motion then pleading nolo was collateral estoppel in later civil case

Plaintiff raised a search issue in her underlying criminal case and lost. Later, she pled nolo and thus could not appeal. That’s final enough for collateral estoppel to apply in her § 1983 case. Harr v. Washington Area Humane Soc’y, … Continue reading

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CA8: 4A requires no particular type of drug dog alert

“Collier also questions how Raptor alerted, suggesting that its alert was insufficiently ‘profound.’ … Our ‘probable cause inquiry is always fact specific.’ … Every dog is unique, and a dog that smells illicit drugs is not required to communicate with … Continue reading

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CA8: No individualized PC to arrest all protestors in a group

Probable cause as to a group of people involved in a protest sweeps too broadly. Ybarra requires probable cause as to individuals. It was not reasonable to believe everyone in this particular group was violating the law. They couldn’t be … Continue reading

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S.D.Ind.: Handwritten alterations to SW were authorized by issuing magistrate and were valid

Handwritten alterations on the search warrant to match the same subjects as the affidavit were authorized by the issuing magistrate and were valid. And, even if this made it overbroad, it was still valid under the good faith exception. United … Continue reading

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TX7: Failure to follow inventory procedures at all required suppression

The inventory policy here wasn’t followed to remove valuables and let defendant keep them. Instead it appears to be a criminal evidentiary search and stopped when finding a gun and running the serial number and asking if defendant was a … Continue reading

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CA6: Some reasonable property damage during an arrest is not subject to 5A takings clause

As long as the police were reasonable in their actions, some damages to an arrestee’s property is not subject to the Fifth Amendment’s takings clause. Slaybaugh v. Rutherford Cty., 2024 U.S. App. LEXIS 22277 (6th Cir. Sep. 3, 2024):

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MO: Break in chain from Good Samaritan Law entry occurred when def was searched for transport in police car

The Missouri Good Samaritan Law provides immunity from prosecution from evidence of crime found as a result of a medically-related entry. Here, however, defendant was searched before he was placed in a patrol car, and immunity wasn’t what the legislature … Continue reading

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LA2: SI before arrest was still valid

Defendant was stopped for aggravated assault from allegedly waving a gun. The search incident of his bag for a gun was reasonable as a search incident even though it preceded the arrest. State v. Gipson, 2024 La. App. LEXIS 1382 … Continue reading

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W.D.Wash.: Warrantless arrest in def’s doorway violated 4A

Defendant’s warrantless arrest in his doorway violated the Fourth Amendment. After objecting, defendant acceded to their demands when they pulled a Taser on him. The remedy of what to do with his statement will be addressed later. United States v. … Continue reading

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FL3: Officers could enter def’s home to make his arrest with an arrest warrant

Defendant was convicted of resisting arrest without violence. The jury was properly instructed that the officers could enter his home on an arrest warrant. Martinez v. State, 2024 Fla. App. LEXIS 6538 (Fla. 3d DCA Aug. 21, 2024). Plaintiff’s malicious … Continue reading

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