ID & CA3: Two views same day on misdemeanor arrests

Defendant was already stopped and the officer suspected DUI. She was handcuffed and transported for a breath test. This was an arrest for a misdemeanor that did not happen in the officer’s presence, and it thus violated the state constitution. State v. Descharme, 2022 Ida. App. LEXIS 15 (Ct. App. Sep. 15, 2022).

No matter what state law says on misdemeanor arrests outside the officer’s presence, the Fourth Amendment controls, not state law. This was reasonable. United States v. Green, 2022 U.S. App. LEXIS 25845 (3d Cir. Sep. 15, 2022).

The dog bite without warning was potentially unreasonable, but the officers get qualified immunity because the case law is not consistent. Thurman v. District of Columbia, 2022 D.C. App. LEXIS 304 (Sep. 15, 2022).*

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