Daily Archives: June 5, 2022

D.Ariz.: Nighttime search rule doesn’t bar nighttime arrest warrant execution

As to arrest warrants, Rule 41 and 21 U.S.C. § 879 aren’t clear on whether a nighttime entry is barred for execution of an arrest warrant. (Tie goes to the government on reasonableness.) A violation of knock-and-announce doesn’t invoke the … Continue reading

Posted in Arrest or entry on arrest, Dog sniff, Protective sweep, Reasonable suspicion | Comments Off on D.Ariz.: Nighttime search rule doesn’t bar nighttime arrest warrant execution

OH2: Warrant found during traffic stop justified search of person

Defendant was stopped for a traffic offense, and a warrant surfaced. That justified a search incident of his person. State v. Fleming, 2022-Ohio-1876, 2022 Ohio App. LEXIS 1749 (2d Dist. June 3, 2022). Plaintiff’s claim on appeal that probable cause … Continue reading

Posted in Consent, Search incident, Waiver | Comments Off on OH2: Warrant found during traffic stop justified search of person