Category Archives: Arrest or entry on arrest

PA: Hot pursuit justified officer crossing jurisdictional lines

Hot pursuit justified an officer in one jurisdiction following defendants into another one after a robbery report on their car. Commonwealth v. Hobel, 2022 PA Super 86, 2022 Pa. Super. LEXIS 202 (May 10, 2022) (decided under state statute). “A … Continue reading

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CT: John Doe DNA arrest warrant based on touch DNA is too general to satisfy the particularity requirement

A John Doe DNA arrest warrant based on touch DNA is too general to satisfy the particularity requirement. State v. Terrance Police, 2022 Conn. LEXIS 123 (May 10, 2022):

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E.D.Tenn.: USDJ doesn’t second guess USMJ’s credibility determinations in the R&R

USDJ doesn’t second guess USMJ’s credibility determinations in the R&R on a motion to suppress. United States v. Bowman, 2022 U.S. Dist. LEXIS 69156 (E.D.Tenn. Apr. 14, 2022).* A bag left outdoors at an apartment complex for more than a … Continue reading

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CNS: St. Louis County defends wanted alert system at Eighth Circuit

CNS: St. Louis County defends wanted alert system at Eighth Circuit (“The system allows police officers to issue alerts for suspects based on their own probable cause without having a judge sign off on a warrant.”)

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OH: Material witness warrant requires PC

“Based on the language in the [Fourth Amendment] and Ohio Constitutions, we now hold that material witnesses are entitled to these basic, fundamental rights and therefore agree with the Eighth District that the state’s request for a warrant to detain … Continue reading

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SCOTUS: Thompson v. Clark

Thompson v. Clark, 2022 U.S. LEXIS 1885 (Apr. 4, 2022) (ScotusBlog: “Larry Thompson’s showing that his criminal prosecution ended without a conviction satisfies the requirement to demonstrate a favorable termination of a criminal prosecution in a Fourth Amendment claim under … Continue reading

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CA7: Def’s detention during protective sweep looking for another was unreasonable

Defendant’s detention in an apartment building during a protective sweep for a fugitive that clearly wasn’t him was unreasonable. The district court’s denial of the motion to suppress is reversed. United States v. Segoviano, 2022 U.S. App. LEXIS 8771 (7th … Continue reading

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CA6: Misidentification and 24 days in jail for wrong man not shown to be pattern for city liability

“‘Benny’ Lopez of Traverse City sold heroin to a confidential informant working with the Traverse Narcotics Team in northern Michigan. ‘Benjamin’ Lopez of Grand Rapids did not. Yet officers arrested Benjamin, not Benny, for this crime. The wrong Lopez languished … Continue reading

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D.C.Cir.: Admin. law: 4A claims must be brought at agency level first

In an action before the Board for Correction of Naval Records, the service member had to raise his Fourth Amendment claim before the agency or it is waived, which is what happened here. McPherson v. Del Toro, Sec’y of the … Continue reading

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CA2: Swearing to arrest warrant at direction of a prosecutor does not confer prosecutorial immunity

“Long-standing precedent makes clear that swearing to an arrest warrant affidavit and executing an arrest are traditional police functions, and performing such functions at the direction of a prosecutor does not transform them into prosecutorial acts protected by absolute immunity.” … Continue reading

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PA: Warrantless entry to arrest for DUI here was unreasonable; no exigency

A warrantless entry into defendant’s house because he’d been driving drunk was unreasonable. “Considering all the foregoing, we do not believe the Roland factors weigh in favor of an exigency here. Police were investigating a suspected drunk driver and nothing … Continue reading

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D.Neb.: State officer’s jurisdiction is not a 4A question

State officers outside their jurisdiction making an arrest is not alone a Fourth Amendment violation. Virginia v. Moore. United States v. Blair, 2022 U.S. Dist. LEXIS 47833 (D.Neb. Mar. 17, 2022).* Defendant found to have consented to a search after … Continue reading

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CA6: Suicide note created exigency for welfare check

Defendant’s alleged suicide note created exigency for warrantless entry. “Prior to Remillard’s trial, several Ohio courts had held that exigent circumstances permit a police officer’s warrantless entry into a home to conduct a wellness check on a suicidal individual if … Continue reading

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N.D.Okla.: Misdemeanor arrest warrant permits forcible entry in this circuit

Plaintiff’s claim that a forcible entry for a misdemeanor warrant fails because this circuit has held for 25 years that Payton applies to misdemeanor warrants. Plaintiff does state a claim, however, for failure to knock-and-announce before entry. First v. Hokett, … Continue reading

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E.D.Mo.: Covid delay in 48 hour McLaughlin rule not unreasonable

A 12 hour delay past the 48 hour McLaughlin rule for a finding of probable cause was not shown to be unreasonable because of Covid delays and the temporary shutdown of the St. Louis federal courthouse for cleaning. United States … Continue reading

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FL2: Resisting illegal arrest without violence not a crime

Where it was clearly shown defendant’s arrest was unlawful because he was told to come out of his house to be arrested, his resisting without violence conviction could not stand. Seiracki v. State, 2022 Fla. App. LEXIS 1040 (Fla. 2d … Continue reading

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E.D.N.Y.: No REP in pawnshop records uploaded to pawnshop detail

There is no reasonable expectation of privacy in pawnshop records uploaded for the NYPD pawnshop detail. (Therefore, in the trial of this case, attacking the datamining of the NYPD for information is more prejudicial than relevant under F.R.E. 403.) Gem … Continue reading

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GA: Even if knock-and-talk was valid, expanding entry onto the curtilage wasn’t

The knock-and-talk here was reasonable in its inception, but the officer violated the curtilage by inspecting a car parked there. The state’s argument that reasonable suspicion permitted approaching the car was not raised below so it’s waived. “Furthermore, even if … Continue reading

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NY4: One positive trash search “might be a fluke, two indicate a trend”

Based on an anonymous source, police did two trash pulls at defendant’s address. Quoting CA6: “‘While one search turning up [narcotics] in the trash might be a fluke, two indicate a trend. Whether it be a particularly large quantity of … Continue reading

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W.D.Okla.: Whether 14A or 4A applies to ptf’s excessive force claim on arrest before PC found by judicial officer, result the same

Plaintiff’s excessive force claim occurred after arrest but before a judicial determination of probable cause. “If so, Mr. Willis would not have been a pretrial detainee for purposes of Plaintiff’s excessive force claim. However, because the parties characterize him as … Continue reading

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