While an officer cannot arrest for a completed misdemeanor without an arrest warrant under the state constitution, the officer reasonably believed here that it could be a felony. SCOTUS’s recent opinion on the community caretaking function in Caniglia v. Strom applies to home, not to cars. State v. Porter, 2021 Ida. App. LEXIS 30 (Aug. 30, 2021).
Just because defendant was pulled over for a traffic offense, he wasn’t in custody. The questioning that followed was all consensual. State v. Alvarenga-Lopez, 2021 Ida. LEXIS 144 (Aug. 31, 2021).
The entry into plaintiffs’ home was reasonable based on consent on the totality. On qualified immunity, plaintiff can’t show that the right was clearly established. Pethtel v. Anderson County CASA, 2021 U.S. Dist. LEXIS 164168 (E.D.Tenn. Aug. 31, 2021).*