Category Archives: Arrest or entry on arrest

WA: Prior knowledge of arrest warrant became stale

Stale information that a warrant existed for defendant was not probable cause when the warrant had been recalled, and no one checked the day of the arrest. State v. Pines, 2021 Wash. App. LEXIS 1160 (May 10, 2021). Subpoenas to … Continue reading

Posted in Arrest or entry on arrest, Collective knowledge, Franks doctrine, Staleness | Comments Off on WA: Prior knowledge of arrest warrant became stale

CA9: In civil challenge to PC to arrest, PC determination at preliminary hearing usually binding

In a civil case over probable cause to arrest, the USMJ’s determination of probable cause at the preliminary hearing will not be revisited absent a showing of judicial deception. Martinez v. United States, 2021 U.S. App. LEXIS 13888 (9th Cir. … Continue reading

Posted in Arrest or entry on arrest, Probable cause | Comments Off on CA9: In civil challenge to PC to arrest, PC determination at preliminary hearing usually binding

FL2: Open container city code violation justifies SI

An open container in violation of municipal ordinance justifies a search incident in Florida. State v. Coleman, 2021 Fla. App. LEXIS 6497 (Fla. 2d DCA May 7, 2021):

Posted in Arrest or entry on arrest, Search incident | Comments Off on FL2: Open container city code violation justifies SI

E.D.N.C.: Nexus can be established by inference

Nexus may be established by inference and not direct evidence. United States v. White, 2021 U.S. Dist. LEXIS 85454 (E.D. N.C. Mar. 17, 2021). Plaintiff was arrested and charged with two misdemeanors. Probable cause for one mooted consideration of the … Continue reading

Posted in Arrest or entry on arrest, Consent, Good faith exception, Nexus | Comments Off on E.D.N.C.: Nexus can be established by inference

KY: Violation of city code doesn’t justify stop

Defendant’s alleged violation of the city code, a violation, didn’t authorize a warrantless arrest and his stop. Commonwealth v. Wilson, 2021 Ky. App. LEXIS 65 (Apr. 30, 2021). Without explanation, there was probable cause for search of defendant’s cell phone … Continue reading

Posted in Arrest or entry on arrest, Cell phones, Reasonable suspicion | Comments Off on KY: Violation of city code doesn’t justify stop

D.N.J.: Protective sweep of hotel room of armored car robbery suspect was reasonable

“Here, the uncontested facts justify a protective sweep of the hotel room. Detective Holmes testified that at the time of Defendant’s arrest, there was still a suspect in the armored truck robbery at-large whose whereabouts were unknown. … As such, … Continue reading

Posted in Arrest or entry on arrest, Probable cause, Protective sweep | Comments Off on D.N.J.: Protective sweep of hotel room of armored car robbery suspect was reasonable

C.D.Cal.: Delayed first appearance 4A claim should be brought by habeas not § 1983

Plaintiff’s claim he did not receive his first appearance within 48 hours should have been brought by habeas under 28 U.S.C. § 2254 not a § 1983 action. Young v. Levert, 2021 U.S. Dist. LEXIS 76021 (C.D. Cal. Apr. 20, … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Consent | Comments Off on C.D.Cal.: Delayed first appearance 4A claim should be brought by habeas not § 1983

KS: Paying for a car you don’t own doesn’t give standing

Just because defendant paid for the car he was a passenger in, it wasn’t his. He lacked standing in the car. State v. Scheuerman, 2021 Kan. App. LEXIS 15 (Apr. 16, 2021). 2255 petitioner’s claim the video to his surveillance … Continue reading

Posted in Arrest or entry on arrest, Standing | Comments Off on KS: Paying for a car you don’t own doesn’t give standing

CA9: Inaccuracies in SW’s place to be searched didn’t misdirect officers; QI applies

The inaccuracies in the search warrant the officer sought weren’t enough to misidentify the place to be searched. Therefore, defendants didn’t violate clearly established law. Hill v. County of Benewah, 2021 U.S. App. LEXIS 10781 (9th Cir. Apr. 15, 2021).* … Continue reading

Posted in Arrest or entry on arrest, Excessive force, Particularity, Probation / Parole search, Qualified immunity | Comments Off on CA9: Inaccuracies in SW’s place to be searched didn’t misdirect officers; QI applies

ID: Violation of citizen’s arrest statute not a const’l violation; no suppression

The officer arrested defendant for a completed misdemeanor of stealing a cell phone not occurring in his presence. The manager of the place where it happened wanted defendant arrested. The officer and the manager never informed defendant this was a … Continue reading

Posted in Arrest or entry on arrest, Common law, Exclusionary rule | Comments Off on ID: Violation of citizen’s arrest statute not a const’l violation; no suppression

E.D.Pa.: Warrantless arrest with PC in public place is reasonable

Defendant’s Fourth Amendment rights were not violated when he was arrested without a warrant with probable cause in a public place. Reaching in defendant’s sweat shirt pocket to retrieve a gun was reasonable. United States v. Kelly-Sizer, 2021 U.S. Dist. … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion | Comments Off on E.D.Pa.: Warrantless arrest with PC in public place is reasonable

ID: Hot pursuit to execute an arrest warrant with entry is reasonable

Hot or “fresh pursuit” to execute an arrest warrant with entry is reasonable. State v. Clark, 2021 Ida. LEXIS 55 (Mar. 30, 2021):

Posted in Arrest or entry on arrest, Hot pursuit | Comments Off on ID: Hot pursuit to execute an arrest warrant with entry is reasonable

CA5: Ptf’s § 1983 case over his search implies invalidity of the conviction, and it’s barred by Heck

Plaintiff’s § 1983 case against his search and seizure implies invalidity of the conviction, and it’s barred by Heck. VanBuren v. Walker, 2021 U.S. App. LEXIS 9115 (5th Cir. Mar. 29, 2021). “As to Hoffert’s remaining claim for violation of … Continue reading

Posted in Arrest or entry on arrest, Issue preclusion | Comments Off on CA5: Ptf’s § 1983 case over his search implies invalidity of the conviction, and it’s barred by Heck

CA3: Nexus shown to def’s home for SW for clothing worn in robbery

When the object of a search is clothing worn during a robbery, there is nexus to defendant’s home. United States v. Ross, 2021 U.S. App. LEXIS 7701 (3d Cir. Mar. 17, 2021). Defendant answered the officer’s knock on the door … Continue reading

Posted in Arrest or entry on arrest, Attenuation, Nexus | Comments Off on CA3: Nexus shown to def’s home for SW for clothing worn in robbery

N.D.Okla.: Failure to pay arrest warrant doesn’t violate 4A

A failure to pay arrest warrant issued on probable cause doesn’t violate the Fourth Amendment because that’s only to start the process, not end it. Graff v. Aberdeen II, Inc., 2021 U.S. Dist. LEXIS 46760 (N.D. Okla. Mar. 12, 2021):

Posted in Arrest or entry on arrest | Comments Off on N.D.Okla.: Failure to pay arrest warrant doesn’t violate 4A

M.D.Ala.: Some force inheres in any arrest; de minimus force is reasonable

Some amount of force occurs in any arrest. The question is unreasonableness. “Garrett’s conclusory allegation regarding Williams’s specific actions establishes no more than the use of de minimis force by Williams, which does not constitute a Fourth Amendment violation.” Garrett … Continue reading

Posted in Arrest or entry on arrest, Excessive force, Prison and jail searches, Strip search | Comments Off on M.D.Ala.: Some force inheres in any arrest; de minimus force is reasonable

CA6: Def doesn’t show arrest was delayed to facilitate better protective sweep

The protective sweep finding defendant’s guns on execution of his arrest warrant was reasonable. Defendant does not show that the officers intentionally delayed his arrest with the purpose of exploiting a protective sweep. United States v. Cammon, 2021 U.S. App. … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine, Probable cause, Protective sweep | Comments Off on CA6: Def doesn’t show arrest was delayed to facilitate better protective sweep

CA7: Claim of lack of PC for arrest not insulated from later review by a judicial finding of PC for trial

Plaintiffs’ Fourth Amendment claim they were arrested without probable cause survives the state trial court finding enough to hold them for trial. “The Supreme Court held that a Fourth Amendment theory based on lack of probable cause survives a judicial … Continue reading

Posted in Arrest or entry on arrest, Probable cause, Reasonable suspicion | Comments Off on CA7: Claim of lack of PC for arrest not insulated from later review by a judicial finding of PC for trial

SD: Def’s assault on police officer can’t be suppressed because the arrest was illegal

Defendant’s assault on a police officer attempting to arrest her can’t be suppressed because the arrest might be unreasonable. State v. Schumacher, 2021 SD 16, 2021 S.D. LEXIS 28 (Mar. 3, 2021). The stop was valid based on a registration … Continue reading

Posted in Arrest or entry on arrest | Comments Off on SD: Def’s assault on police officer can’t be suppressed because the arrest was illegal

CA2: A mere hunch there was an arrest warrant made stop unreasonable

It was clearly established law in January 2015 that an officer’s unconfirmed hunch that an arrest warrant might possibly exist, coupled with nothing more than the officer’s recognition of a suspect from prior arrests, did not constitute reasonable suspicion justifying … Continue reading

Posted in Arrest or entry on arrest, Qualified immunity, Stop and frisk | Comments Off on CA2: A mere hunch there was an arrest warrant made stop unreasonable