W.D.N.Y.: Def wearing a mask to make him harder to identify doesn’t immunize his arrest on a warrant

“Wearing a mask does not immunize a wanted person from a valid arrest warrant. Here, law enforcement properly executed an arrest warrant for Defendant Apprentiace Singletary. Singletary cannot argue that his arrest was unreasonable under the Fourth Amendment because he was not identifiable. Whatever means law enforcement used, they arrested Singletary—not someone else. That remains true no matter what Singletary was wearing: mask, hoodie, or other nondescript clothing. His arrest is therefore a reasonable seizure under the Fourth Amendment. And while Singletary has protested, his protests are based on cases involving warrantless arrests.” United States v. Singletary, 2024 U.S. Dist. LEXIS 125373 (W.D.N.Y. May 20, 2024), adopted, 2024 U.S. Dist. LEXIS 124141 (W.D.N.Y. July 15, 2024).

Responding to a man with a gun call, the officer saw plaintiff with what appeared to be a gun but turned out to be a flashlight. The use of force was perceived to be reasonable at the time. Macias v. Watkins, 2024 U.S. App. LEXIS 17456 (5th Cir. July 16, 2024).*

All things considered, defendant consented to a search of his phone. First he lawyered up, but then he decided to talk with AFOSI after all. His liberty was not restrained. United States v. Daughma, 2024 CCA LEXIS 287 (A.F. Ct. Crim. App. July 16, 2024).*

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