Category Archives: Arrest or entry on arrest

W.D.Ky.: Search warrant affiant’s reference to water emoji wasn’t false or misleading; it here referred to meth, not sex

Defendant’s Franks motion fails. Defendants’ use of a water emoji could have been a reference to sex, but it could also be a reference to methamphetamine, as has come up in police training and in other cases such as United … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine, GPS / Tracking Data, Seizure | Comments Off on W.D.Ky.: Search warrant affiant’s reference to water emoji wasn’t false or misleading; it here referred to meth, not sex

E.D.Pa.: Failure to specify in 2255 how 4A was violated is waiver

In a 2255 ineffective assistance claim, “Defendant fails to specify either how his Fourth Amendment rights were violated or what evidence counsel should have sought to suppress.” That alone is enough to deny. It’s denied on the merits, too. United … Continue reading

Posted in Arrest or entry on arrest, Ineffective assistance, Nexus | Comments Off on E.D.Pa.: Failure to specify in 2255 how 4A was violated is waiver

CA2: Arrested at gunpoint, handcuffed, and unMirandized, def still consented

Defendant had been arrested and handcuffed and officers had weapons drawn, and he hadn’t yet been Mirandized. Still, on the totality, he consented to the search. United States v. Collins, 2023 U.S. App. LEXIS 1257 (2d Cir. Jan. 19, 2023). … Continue reading

Posted in Arrest or entry on arrest, Consent, Probable cause | Comments Off on CA2: Arrested at gunpoint, handcuffed, and unMirandized, def still consented

CA6: Potential defenses don’t undermine PC for arrest

Potential defenses to a case plaintiff was arrested for do not nullify the probable cause. Chiaverini v. City of Napoleon, 2023 U.S. App. LEXIS 865 (6th Cir. Jan. 11, 2023):

Posted in Arrest or entry on arrest, Probable cause | Comments Off on CA6: Potential defenses don’t undermine PC for arrest

FL4: Suppression of arrest exceeded the relief def sought and is reversed

Defendant’s motion to suppress did not put the state on notice that he was seeking to suppress the result of his arrest. The trial court erred in granting that relief. State v. Bender, 2023 Fla. App. LEXIS 27 (Fla. 4th … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading | Comments Off on FL4: Suppression of arrest exceeded the relief def sought and is reversed

CA8: “[E]ven if a technical violation of Nebraska law occurred when signing the warrant that is not a basis for suppressing the evidence” under 4A

“[E]ven if a technical violation of Nebraska law occurred when signing the warrant that is not a basis for suppressing the evidence” under the Fourth Amendment. United States v. Becker, 2022 U.S. App. LEXIS 35626 (8th Cir. Dec. 27, 2022). … Continue reading

Posted in Arrest or entry on arrest, Exclusionary rule, Probation / Parole search, Reasonableness, Seizure | Comments Off on CA8: “[E]ven if a technical violation of Nebraska law occurred when signing the warrant that is not a basis for suppressing the evidence” under 4A

CA6: Common law rule that misd must be in presence of officer for warrantless arrest not part of 4A

The common law rule of a misdemeanor offense needing to be in the presence of the officer to be a basis for an arrest is not considered part of the Fourth Amendment. “And our court has held that the offense … Continue reading

Posted in Arrest or entry on arrest, Common law, Custody, Plain view, feel, smell | Comments Off on CA6: Common law rule that misd must be in presence of officer for warrantless arrest not part of 4A

CA5: Dog sniff of the person at the border does not require RS

A dog sniff of defendant’s person at the border did not require reasonable suspicion. United States v. Tenorio, 2022 U.S. App. LEXIS 33978 (5th Cir. Dec. 9, 2022). The credibility determinations on whether defendant was subjected to arrest or not … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion, Standards of review | Comments Off on CA5: Dog sniff of the person at the border does not require RS

S.D.Cal.: Release condition with firearm restriction and search waiver did not violate 2A or 4A

Defendant’s release condition of a firearm restriction and Fourth Amendment waiver because of a prior misdemeanor firearms conviction doesn’t violate the Second Amendment under New York State Rifle & Pistol Association, Inc. v. Bruen (2022). Heller supports the court’s conclusion. … Continue reading

Posted in Arrest or entry on arrest, Good faith exception, Probable cause, Reasonableness | Comments Off on S.D.Cal.: Release condition with firearm restriction and search waiver did not violate 2A or 4A

W.D.Pa.: All Writs Act proceeding for tracking order is a judicial proceeding for common law right of access to records

An All Writs Act proceeding by the government to track someone in real time back in 2020 is a judicial record subject to the common law right of disclosure of court records. In re Forbes Media LLC, 2022 U.S. Dist. … Continue reading

Posted in Arrest or entry on arrest, Exclusionary rule, Tracking warrant, Warrant papers | Comments Off on W.D.Pa.: All Writs Act proceeding for tracking order is a judicial proceeding for common law right of access to records

E.D.Tenn.: There is no standing in CSLI of another’s phone

No standing to challenge acquiring the CSLI of another’s cell phone. United States v. Lopez, 2022 U.S. Dist. LEXIS 215709 (E.D. Tenn. Oct. 24, 2022),* adopted, 2022 U.S. Dist. LEXIS 214604 (E.D. Tenn. Nov. 29, 2022).* Defendant’s guilty plea waived … Continue reading

Posted in Arrest or entry on arrest, Standing | Comments Off on E.D.Tenn.: There is no standing in CSLI of another’s phone

SC: Exigency for CSLI was shooting victim left for dead and defendant was armed and dangerous

There was exigency for CSLI. “Thus, this was not a standard criminal investigation seeking cell phone data; rather, this request sought to address an ongoing emergency because Carter was potentially armed and dangerous, had been involved in a violent crime … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Cell site location information, Emergency / exigency, Informant hearsay | Comments Off on SC: Exigency for CSLI was shooting victim left for dead and defendant was armed and dangerous

CA3: Delaware “hit and hold” practice for entries not decided because of consent

The court declines to decide the officers’ “hit and hold” entries where they entered without a warrant but under alleged exigency, secured the premises, and then sought a search warrant. Because there was independent justification for the warrantless search after … Continue reading

Posted in Abandonment, Arrest or entry on arrest, Emergency / exigency, Independent source, Rule 41(g) / Return of property | Comments Off on CA3: Delaware “hit and hold” practice for entries not decided because of consent

D.Mass.: Park ranger’s arrest of def outside park wasn’t 4A violation, even if statute violated

“Ruiz argues that, because Carozzi lacked the statutory authority to arrest him outside the park, the arrest violated his Fourth Amendment rights, and therefore all evidence collected subsequent to his arrest (i.e., the breathalyzer results) must be suppressed. In the … Continue reading

Posted in Arrest or entry on arrest, Protective sweep, Search incident | Comments Off on D.Mass.: Park ranger’s arrest of def outside park wasn’t 4A violation, even if statute violated

D.S.D.: Totality of circumstances showed def likely resided in dwelling for entry on arrest warrant

Based on the totality of circumstances, officers finally had good reason to believe defendant resided in the dwelling he was found in, and the arrest warrant alone was enough to justify entry. United States v. Ulrich, 2022 U.S. Dist. LEXIS … Continue reading

Posted in Arrest or entry on arrest, Issue preclusion, Staleness | Comments Off on D.S.D.: Totality of circumstances showed def likely resided in dwelling for entry on arrest warrant

HI: Three weeks detention after finding of PC without another court proceeding wasn’t unreasonable

It was not a Fourth Amendment violation to hold defendant for a grand jury indictment when probable cause was found “after a preliminary hearing but the case is dismissed without prejudice due to a defect in the institution of the … Continue reading

Posted in Arrest or entry on arrest | Comments Off on HI: Three weeks detention after finding of PC without another court proceeding wasn’t unreasonable

CA6: Seeing person named in arrest warrant at place she was staying satisfied Payton

Officers had sufficient information under Payton that a woman for whom they had a warrant was on the premises she was supposedly living at when they entered. They’d seen her there, and CIs put her there. United States v. Essex, … Continue reading

Posted in Arrest or entry on arrest, Automobile exception, Emergency / exigency | Comments Off on CA6: Seeing person named in arrest warrant at place she was staying satisfied Payton

WV: Juvenile “pick-up” order issued on PC was equivalent of warrant for Payton purposes for entry into mom’s home

Entry on a juvenile “pick-up” order here “was founded upon probable cause to believe that her ‘health, safety and welfare’ demanded it …. was the functional equivalent of an arrest warrant and was lawfully issued.” Therefore, the entry was valid … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Franks doctrine, Scope of search | Comments Off on WV: Juvenile “pick-up” order issued on PC was equivalent of warrant for Payton purposes for entry into mom’s home

ID: Not telling arrestee reason for arrest in violation of statute not a 4A violation

Failure to notify an arrestee of the reason for his arrest in violation of the statute does not make the arrest violate the Fourth Amendment or state constitution. State v. Lancaster, 2022 Ida. LEXIS 133 (Nov. 1, 2022). There were … Continue reading

Posted in Arrest or entry on arrest, Body searches, Cell phones, Reasonableness, Staleness | Comments Off on ID: Not telling arrestee reason for arrest in violation of statute not a 4A violation

FL2: With an “extreme display of authority and … ‘overbearing tactics” was not by consent

With an “extreme display of authority and … ‘overbearing tactics” was not by consent. Dydek v. State, 2022 Fla. App. LEXIS 7253 (Fla. 2d DCA Oct. 26, 2022):

Posted in Arrest or entry on arrest, Consent | Comments Off on FL2: With an “extreme display of authority and … ‘overbearing tactics” was not by consent