Category Archives: Arrest or entry on arrest

CA7: Lifting mattress during protective sweep here wasn’t justified

The protective sweep under a mattress here was unjustified. Protective sweeps have to be based on known facts, not theories. Here, without deciding whether it was justified, on this record, lifting a mattress was unreasonable. There was no reason to … Continue reading

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CA11: Ptf’s four arrests didn’t lack PC

Plaintiff was arrested four times in nine months, but he doesn’t plausibly allege that the arrests lacked probable cause. Hernandez v. Sheriff of Manatee Cty., 2025 U.S. App. LEXIS 17342 (11th Cir. July 14, 2025)*:

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N.D.Ind.: 4A IAC shown by 2255 petitioner; arrest lacked all probable cause

2255 petitioner prevails on a Fourth Amendment ineffective assistance of counsel claim. There clearly was no probable cause for defendant’s arrest and car search. United States v. Henry, 2025 U.S. Dist. LEXIS 133252 (N.D. Ind. July 10, 2025).* The government … Continue reading

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Reason: Do Arrest Warrants Have a Diligence Requirement?

Reason: Do Arrest Warrants Have a Diligence Requirement? by Orin Kerr:

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CO: Incorporation of SW affidavit saves warrant from lack of particularity

“[T]he warrant in this case authorized collection of location data and certain message content surrounding the crimes. While the warrant could have been more particular by limiting each category using the language ‘related to the crimes,’ the warrant’s incorporation of … Continue reading

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CNS: Washington allows state, local police to execute tribal arrests

CNS: Washington allows state, local police to execute tribal arrests by Edvard Pettersson (“A change in state law will allow tribes certified by the attorney general’s office to avoid extradition proceedings to have wanted individuals returned to tribal lands.”)

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TX4: State can’t rely on community caretaking function where it didn’t make a record below

The state couldn’t rely on the community caretaking function exception on appeal where it didn’t develop the record for it below. State v. Young, 2025 Tex. App. LEXIS 4196 (Tex. App. – San Antonio June 18, 2025). Defendant can’t make … Continue reading

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D.Md.: Delaying three years to indict after seizure compromised defense enough that speedy trial was violated

Defendant’s backpack was searched in 2017, but he wasn’t indicted until 2020, and his case lingered. The officer’s testimony about the search is hazy and inconclusive enough that the court finds cause to dismiss for a speedy trial violation. The … Continue reading

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MA: Extraterritorial citizen’s arrest power doesn’t permit seizures of cell phone and removal back home

Officers went to New Hampshire on a criminal investigation for a Massachusetts crime, and they ended up seizing defendant’s cell phone to preserve evidence, bringing it back to Massachusetts where it was searched. The common law power of citizen’s arrest … Continue reading

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S.D.N.Y.: Warrantless criminal investigative cell search was reasonable

Defendant was in pretrial detention arrested three days earlier in a murder-for-hire scheme. Jailors searched his cell, apparently as a part of the original criminal investigation, looking for cell phone which he attempted to destroy. He moved to suppress. “The … Continue reading

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CA11: When there are multiple grounds supporting a search, appellant has to respond to all

An appellate court can affirm denial of suppression on any ground supported by the record. And, when the district court finds multiple independent grounds to deny suppression, the appellant has to rebut all of them. Here, the district court found … Continue reading

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CA6: State officers can enforce federal law

The search of defendant’s car was based on the alleged federal crime of possession of a small amount of marijuana, and a gun was found, and he was a felon in possession. State officers can arrest for violations of federal … Continue reading

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CA8: No evidence supported plaintiff’s arrest for DUI; no QI, no SJ

Plaintiff’s arrest without probable cause for driving under the influence survived summary judgment and the qualified immunity defense. Looking at the video, there is nothing that supports probable cause for plaintiff’s arrest. The defendant officers and city used a “divide … Continue reading

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CA2: In getting arrest warrant, defenses don’t have to be considered

In a false arrest claim, the officer procuring the warrant doesn’t have to negate plaintiff’s defenses beforehand. Glover v. Onondaga Cty., 2025 U.S. App. LEXIS 8436 (2d Cir. Apr. 10, 2025)*:

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OH5: CIs’ reliability shown by other facts

The CIs’ statements weren’t individually supported by a showing of why they were reliable. Instead, corroboration came from the rest of the detail in the affidavit. State v. Shannon, 2025-Ohio-1224, 2025 Ohio App. LEXIS 1188 (5th Dist. Apr. 7, 2025). … Continue reading

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D.N.J.: Boxing in def’s car was a seizure

“Law enforcement’s conduct here—boxing in Deas’ Kia, ordering both Defendants out of the car, and placing them in handcuffs—falls within the scope of a seizure.” It was with reasonable suspicion. Then a dog alerted, then they got a warrant. United … Continue reading

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OH4: Arrest on recalled warrant still valid under GFE

The warrants database showed a warrant for defendant, but it actually had been recalled. The officer checked dispatch who told him of the warrant, although defendant denied there was one, but he had a motive to lie to avoid arrest. … Continue reading

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S.D.N.Y.:The fact that the Government intends to prove that the property belongs to Defendant does not establish standing

“The fact that the Government intends to prove that the property belongs to Defendant does not establish standing. See, United States v. Watson, 404 F.3d 163, 166 (2d Cir. 2005) (‘[D]efendant could not challenge the search of a residence merely … Continue reading

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PA: PO search of parolee’s visitor required RS which was lacking

Under a parole search of one Scott in his home, the PO had authority to frisk the visitor defendant if he had safety concerns or reasonable suspicion, and here they did not. Commonwealth v. Gibson, 2025 PA Super 65, 2025 … Continue reading

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CA10: Siccing police dog on sleeping man wasn’t subject to QI

Siccing a police dog on a sleeping man not subject to qualified immunity. Luethje v. Kyle, 2025 U.S. App. LEXIS 6385 (10th Cir. Mar. 19, 2025). The CI’s information on a video showed his basis of knowledge and provided probable … Continue reading

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