N.D.Cal.: Misdemeanor arrest in the home reasonable under 4A and common law

Defendant’s misdemeanor vandalism arrest while officers were inside his house was reasonable under the Fourth Amendment. Common law on misdemeanor arrests applies, too. United States v. Barajas, 2021 U.S. Dist. LEXIS 21651 (N.D. Cal. Feb. 4, 2021).

Defendant was convicted of assault for spitting on officers inside her house. The attenuation doctrine applies to her crime against the officers even if the entry was unreasonable. People v. Plemmons, 2021 COA 10, 021 Colo. App. LEXIS 141 (Feb. 4, 2021).

New Mexico brought an administrative action against the appellant, but it was dismissed after a lawyer used a deceptive and misleading document. Plaintiff filed a malicious prosecution case including a Fourth Amendment claim, but it was dismissed as to these parties for lack of personal participation in the state case. Advantageous Cmty. Servs. v. King, 2021 U.S. App. LEXIS 3243 (10th Cir. Feb. 5, 2021).*

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