Category Archives: Arrest or entry on arrest

NE: LEO’s statutory jurisdictional authority is not an unreasonable search and seizure question

A law enforcement officer’s statutory power and authority to enforce laws outside of the officer’s primary jurisdiction does not implicate the Fourth Amendment or article I, § 7, of the Nebraska Constitution. State v. Hoehn, 316 Neb. 634 (May 17, … Continue reading

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NY3: Warrantless arrest body cavity search was unreasonable

Defendant’s arrest body cavity search pulling out heroin was unreasonable. People v. Chase, 2024 NY Slip Op 01837, 2024 N.Y. App. Div. LEXIS 1877 (3d Dist. Apr. 4, 2024). [Sentencing was five years ago, and that should be an embarrassment … Continue reading

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D.Kan.: Preliminary hearing moots claim of lack of PC for arrest

If an arrest lacks probable cause, the preliminary hearing can moot that. Taylor v. Szewc, 2024 U.S. Dist. LEXIS 57791 (D. Kan. Mar. 29, 2024). Omitted information about the CI doesn’t support this Franks challenge. United States v. Williams, 2024 … Continue reading

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MO: Initial bail setting under Gerstein not adversarial

An initial bail setting is nonadversarial and informal under the Fourth Amendment, so the court follows Gerstein and finds it not a critical stage. State v. Mills, 2024 Mo. LEXIS 140 (Apr. 30, 2024). The information from identified 911 callers … Continue reading

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CA7: Jail officials holding plaintiff under a valid court order aren’t liable for not releasing him sooner after a sentencing error

Jail officials holding plaintiff under a valid court order aren’t liable for not releasing him sooner after a sentencing error. Sabo v. Erickson, 2024 U.S. App. LEXIS 10503 (7th Cir. Apr. 30, 2024). “The record further reflects that when Officer … Continue reading

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ND: Warrantless entry into garage to investigate driving on a suspended license unreasonable

Officers had probable cause to believe defendant was driving on a suspended DL, and they were parked outside his house and watched him drive into his garage. There was no exigency for the police entry into his garage to arrest … Continue reading

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W.D.Mo.: Wrong address in SW wasn’t fatal where right house was searched

The affidavit had the correct address but the warrant didn’t. The right house was searched, and the warrant was valid. United States v. Gallagher, 2024 U.S. Dist. LEXIS 73780 (W.D. Mo. Mar. 28, 2024). Defendant abandoned a gun, hoodie, and … Continue reading

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AZ: Private search and apparent consent don’t support warrantless search of SD card in video voyeurism case

Defendant was convicted of video voyeurism for a camera hidden in the bathroom of his house to record foster children. One of them found it, attempted to read the SD card but failed, and turned it with the SD card … Continue reading

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LA4: Merely having a concealed firearm isn’t RS for a frisk

“The State asserts that the evidence should not be suppressed because the NOPD was entitled to conduct a La. C.Cr.P. art. 215.1, ‘Terry stop’ on Mr. Green, which would have revealed the firearm. See Terry v. Ohio, …. However, the … Continue reading

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NY Queens: PC shown for SW blood drawn at hospital after car wreck

Probable cause was shown for the search warrant for defendant’s blood drawn at a hospital after a car wreck. To the extent there is also a Franks challenge, it fails. People v. Moreno, 2024 NY Slip Op 24116, 2024 NYLJ … Continue reading

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WA: No immediate bail for DV arrest violates neither 4A nor due process

A no bail arrest for domestic violence until the first appearance violates neither the Fourth Amendment nor due process. State v. Clare, 2024 Wash. App. LEXIS 462 (Mar. 12, 2024). CoA denied. Petitioner doesn’t show that his state Fourth Amendment … Continue reading

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S.D.Fla.: SW application redacted for discovery for now

For the time being, the search warrant application is redacted in discovery under Rule 6(e). “First, the Special Counsel opposes the disclosure of a search warrant application for Defendant De Oliveira’s Gmail account …. This includes the search warrant itself, … Continue reading

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CA7: False arrest claims before trial are 4A claims; due process after trial

“Claims for false arrest prior to trial are appropriately considered under the Fourth Amendment, not the Fourteenth Amendment. Manuel v. City of Joliet, Illinois, 580 U.S. 357, 367 (2017) (‘If the complaint is that a form of legal process resulted … Continue reading

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CA3: Not giving ID didn’t give PC to arrest after illegal stop

“The District Court nevertheless determined that there was no constitutional violation because the officers had the right to arrest the Appellants under New Jersey law for failing to provide identification. But that conclusion puts an alleged violation of state law … Continue reading

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OH4: Off-duty police officer can make a traffic stop

An off-duty police officer has the authority to make a traffic stop. Defendant cites no law that says they can’t. In addition, he had probable to make the stop. State v. Netter, 2024-Ohio-1068, 2024 Ohio App. LEXIS 997 (4th Dist. … Continue reading

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C.D.Cal.: Inquiry into actions of others besides the officers involved in search is a new Bivens claim and barred

“Second, the type of evidence necessary to prove Plaintiffs’ case differs from Bivens. Bivens required only an inquiry into the actions of arresting officers. Meanwhile, Plaintiffs challenge the propriety of Zellhart’s warrant application and special search procedures, requiring the Court … Continue reading

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WA: Brief detention on no bail FTA warrant wasn’t unreasonable where there was a PC determination within 48 hours

A no bail bench warrant for FTA wasn’t unreasonable because a probable cause determination was made within 48 hours. State v. Clare, 2024 Wash. App. LEXIS 462 (Mar. 12, 2024). Defendant’s search incident occurred before the arrest. To be lawful, … Continue reading

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W.D.N.C.: Def agreed to electronic monitoring as a condition of release

Defendant agreed to electronic monitoring as a condition of release, so it was admissible in evidence. United States v. Anthony, 2024 U.S. Dist. LEXIS 40422 (W.D.N.C. Mar. 6, 2024). Defendant’s improper lane change was seen in the rearview mirror, so … Continue reading

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W.D.Pa.: Prisoners stated 4A claim for recording of attorney-client calls

Prison inmates stated a claim where their prison calls to their lawyers were recorded by the provider without their knowledge. “ICS’ contention that the recording here was proper because inmates have a lowered expectation of privacy is inapplicable. First, while … Continue reading

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MN: Evans rejected under state constitution; arrest on quashed warrant invalid

“Because we recognize several purposes served by the exclusionary rule, including deterring unlawful government conduct generally, and we conclude that applying the exclusionary rule here serves these remedial goals, we decline to extend the good-faith exception to the exclusionary rule … Continue reading

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