{"id":63668,"date":"2026-03-22T09:00:19","date_gmt":"2026-03-22T14:00:19","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63668"},"modified":"2026-03-22T09:00:19","modified_gmt":"2026-03-22T14:00:19","slug":"cal-4-ordering-def-out-of-house-to-arrest-at-gunpoint-on-rs-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63668","title":{"rendered":"Cal.4: Ordering def out of house to arrest at gunpoint on RS unreasonable"},"content":{"rendered":"\n<p>Arresting defendant in his house but from outside with guns drawn and ordering him out on only reasonable suspicion was unreasonable. Where the arrestee is controls, not the officers. <a href=\"https:\/\/www4.courts.ca.gov\/opinions\/documents\/G064219.PDF\">People v. Perez<\/a>, 2026 Cal. App. LEXIS 176 (4th Dist. Mar. 20, 2026).<\/p>\n\n\n\n<p>Defendant filed a motion to dismiss a state RICO indictment on five grounds, one of which was an invalid search. That\u2019s not a valid ground to dismiss an indictment. People v. Nalty, 2026 Colo. App. LEXIS 356 (Mar. 12, 2026)* (unpublished).<\/p>\n\n\n\n<p>Defendant only argues that the search was warrantless, but there was a warrant. He doesn\u2019t argue lack of probable cause. United States v. Hill, 2026 U.S. Dist. LEXIS 59509 (D. Neb. Mar. 19, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Arresting defendant in his house but from outside with guns drawn and ordering him out on only reasonable suspicion was unreasonable. Where the arrestee is controls, not the officers. People v. Perez, 2026 Cal. App. LEXIS 176 (4th Dist. Mar. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=63668\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[50,129],"tags":[],"class_list":["post-63668","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63668","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=63668"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63668\/revisions"}],"predecessor-version":[{"id":63669,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63668\/revisions\/63669"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63668"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63668"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63668"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}