Category Archives: Arrest or entry on arrest

CA5: No police wrongdoing here to support “police created exigency”

Defendant came in to the police for an interview about sex assault in the Army. As it developed, exigency for seizure of defendant’s cell phone arose. This was not a police created exigency which requires some wrongdoing on the part … Continue reading

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CA6: Arrest paperwork delay here violated Riverside 48 hour rule

Officers’ apparent delays in processing paperwork on an arrest which resulted in plaintiff spending an extra two days in jail without any kind of probable cause finding violated clearly established law. Here, the prosecutor wouldn’t act without their paperwork. “It … Continue reading

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CA6: Unintended target of a police shooting, another officer, has a 4A seizure and excessive force claim

One officer fired a gun at a suspect inside a dwelling, apparently without aiming, and hit another officer. That was still a Fourth Amendment seizure of the person of the officer despite being an unintended target. Kilnapp v. City of … Continue reading

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Cal.4: Parole search that wasn’t “harassing, arbitrary, or capricious” was reasonable

The parole search was valid. “Defendant offers no argument that the search qualified as harassing, arbitrary, or capricious.” People v. Session, 2023 Cal. App. LEXIS 549 (4th Dist. July 19, 2023). Defendants were stopped in a go fast vessel (GFV) … Continue reading

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WI: Seizure at door on RS violates 4A

Seizure at the threshold of a home on reasonable suspicion violates the Fourth Amendment which requires probable cause. State v. Cundy, 2023 Wisc. App. LEXIS 761 (July 13, 2023):

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M.D.Ala.: CI’s controlled buy doesn’t have to be on video to support PC

There’s no constitutional requirement that the informant’s controlled buy be on video to support probable cause. United States v. Salter, 2023 U.S. Dist. LEXIS 119269 (M.D. Ala. June 7, 2023), adopted, 2023 U.S. Dist. LEXIS 115746 (M.D. Ala. July 6, … Continue reading

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CA3: Saying “this is not my backpack” when shown it during traffic stop is abandonment

“Small abandoned his legitimate expectation of privacy in the backpack. Although Small arguably demonstrated a subjective expectation of privacy by attempting to hide the backpack under his seat (though this act could also be viewed as an effort to physically … Continue reading

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VA: “[U]nder the Fourth Amendment, probable cause of contraband is the standard to obtain a warrant, not the standard to search a person without one.”

“The Commonwealth bears the burden of proving that a warrantless search fits under an exception to the warrant requirement of the Fourth Amendment. While the exceptions are many, mere probable cause to arrest is not one of them. Nor can … Continue reading

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N.D.Ind.: “If six law enforcement officers testify credibly to a story that doesn’t make sense, is the Court bound to accept that testimony?” Yes.

“If six law enforcement officers testify credibly to a story that doesn’t make sense, is the Court bound to accept that testimony? That’s the question facing the Court on Defendant’s motion to suppress. Because the Court has no basis to … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Burden of proof, Franks doctrine | Comments Off on N.D.Ind.: “If six law enforcement officers testify credibly to a story that doesn’t make sense, is the Court bound to accept that testimony?” Yes.

MO: Virginia v. Moore does not require officer see the crime to have PC for arrest outside jurisdiction

Virginia v. Moore does not require that an arresting officer personally have seen the act that led to the arrest outside the officer’s jurisdiction as long as there was probable cause. State v. Barton, 2023 Mo. LEXIS 183 (June 27, … Continue reading

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NY Bronx: SW for arrest bystander’s cell phone denied

NYPD got a search warrant for a cell phone that a citizen used to record an arrest. The further search warrant to search the phone is denied. They would have to download the entire phone and then search that, and … Continue reading

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D.Idaho: With PC to arrest, use of CSLI to locate ptf did not violate 4A

Probable cause existed for plaintiff’s arrest for eluding officers before his GPS location sharing was utilized to find him. And, state law and rules have no bearing on the federal claim. Larrea v. Koreis, 2023 U.S. Dist. LEXIS 104699 (D. … Continue reading

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CA5: Officer gets QI for shooting into a car under these circumstances

In a case of shooting into a car, “In sum, plaintiffs have not pointed to sufficient authority clearly establishing that Coborn’s conduct violated the law under the specific circumstances he was facing, and thus he is entitled to qualified immunity.” … Continue reading

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OK: No GFE* for search under a statute held unconstitutional 18 months before the search

Defendant was stopped and had blood taken after a DUI stop under a statute held unconstitutional 18 months earlier by this court. No good faith exception for a statute still on the books that everyone should have known about. (Defendant … Continue reading

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CA3: Arrest without PC doesn’t require dismissal of indictment

If an arrest was without probable cause, evidence derived from the arrest might be suppressible but the indictment would not be quashed. United States v. Rodriguez-Mendez, 2023 U.S. App. LEXIS 11558 (3d Cir. May 11, 2023).* Being unable to read … Continue reading

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N.D.Tex.: Arrest on NCIC warrant from Michigan reasonable despite it not labeled extraditable

Defendant’s arrest in Texas on a Michigan warrant shown on NCIC was reasonable under the Fourth Amendment despite the claim that it was not flagged for out-of-state extradition. Six months earlier, he was arrested and released before getting to jail … Continue reading

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IL4: Despite legalization of possession of small amounts of MJ, dog alert still PC

The drug dog’s “positive alert on the vehicle in this case established a fair probability that drugs or evidence of a crime would be found in the vehicle. This is true despite recent changes in the law regarding the legalization … Continue reading

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OH9: Growing house fire next door was exigency to clear def’s house

Defendant’s next door neighbor’s house caught on fire, and police at the scene acted reasonably in entering his house to clear it when the fire grew and they reasonably feared it would spread to the houses next door. State v. … Continue reading

Posted in Arrest or entry on arrest, Border search, Emergency / exigency, Excessive force, Immigration arrests, Rule 41(g) / Return of property, Standing | Comments Off on OH9: Growing house fire next door was exigency to clear def’s house

NC: Arrest warrant for def permitted entry into house when he retreated inside; protective sweep valid

Officers had an arrest warrant for defendant for a violent crime, and he was found at home. They saw him outside, and he retreated inside. The SRT showed up too. The entry for the arrest was valid, as was the … Continue reading

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PA: SW for flashlight app data on cell phone sustained

The affidavits for search warrant for this cell phone were overbroad as to what was sought lacking probable cause except for location data and use of the flashlight function. Defendant was accused of using the flashlight on his cell phone … Continue reading

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