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 the LPN of a vehicle at 20′ in the dark was reasonable suspicion. United States v. Blackman, 2023 U.S. Dist. LEXIS 81861 (N.D. Ill. May 10, 2023).*

There was voluntary consent for the officers to enter the curtilage and thus see defendant’s car parked there. That moots the standing claim and whether his occasionally sleeping there gave him standing to challenge an entry onto the curtilage. United States v. Carney, 2023 U.S. Dist. LEXIS 81871 (M.D. Tenn. May 10, 2023).*

There was ample evidence of probable cause for defendant’s arrest for drugs, and the seizure of his cell phone was reasonable incident to the arrest. United States v. Loperena-Mendez, 2023 U.S. Dist. LEXIS 82032 (D.P.R. May 8, 2023).*

This entry was posted in Arrest or entry on arrest, Curtilage, Reasonable suspicion. Bookmark the permalink.

Comments are closed.