Table Of Content

e ARREST LAW BULLETIN“ INDEX 2003 JANUARY-DECEMBER VOLUME 27 Month Page Month Page Arrest Police pull guns on suspects based on reasonable suspicion Officers search secured arrestee’s car, Green (Sth Cir.) June Did arrest occur?, Thomas (3rd Cir.) April Suspect claims evidence was fruit of illegal arrest Drug Tests Moore (5th Cir.) June Mother charged for homicide after he baby dies due to drug Border Stop usage during pregnancy, McKnight (SC) April 8 Suspect swerving on the highway arrested for illegal entrance Editor’s Note into United States, Cota-Herrera (10th Cir.) 4 Preview of 2004, by Dustin C. Rowles, I sq Dec Coercion Exigent Circumstances Double-murder suspect claims police conducted unlawful Was warrantless arrest of ‘juice joint’ justified ) Flowers interview, Caputo (MA) July 10th Cir.) Was questioning at suspect’s home custodial?, Staats (MN) July Computer Search Expectation of Privacy FBI investigation of suspected terrorist uncovers credit card Bank robber shoots himself by accident, Neely (Sth Cir.) Man’s jacket searched because it was in car of murder victim fraud, Al-Marri (NY) Myers (NY) Confession Officers investigate Russian roulette death, Davis (9th Cir.) Bank employee allegedly confesses to planning bank robbery Suspect argues use of photo illegal, Emmett (7th Cir.) with boyfriend, Patel (IL) Burglary suspect claims officers made threats, Ruff (OH) Illegal Arrest Detective deliberately ignores Miranda rights; murderer’s Distinctive clothes lead to arrest in bank heist, Carpenter and conviction reversed, Neal (CA) Nov Evans (7th Cir.) Driver challenges vehicle seizure after police arrest passenget Immunity Swanson (6th Cir.) Dec Motel manager wants truck moved, so officer kicks in guest's Drug suspect offers information at booking, Navarro (ME) June door, Finsel (7th Cir Husband allegedly remembers wife on floor and knife in hand Officers kick suspect after he had been subdued but no recollection of stabbing, Amunga (6th Cir.) Feb Coleman (NE) Man admits to sexual contact with minors, Jansson (NY) Aug Importation Man charged with murder after injecting bleach into friend’s Customs agents discover illegal drugs in minivan door mother, Davis (FL) Hernandez (9th Cir Meth dealer gives up supplier to deputies, Lanzar (6th Cir.) Search of parolee’s home leads to confession, Crawford Incident to Arrest (9th Cir.) Can police, after arrest, search cigarette pack in car?, Fisher (10th Cir.) Suspect confesses before receiving Miranda rights Singleton (6th Cir.) Police make arrest based on DMV error, Hamilton (CA) Consent Interrogation Gang unit makes warrantless arrest at home of suspect's Adoption lawyer tells parents birth mother wants $50,000 girlfriend, Jackson (6th Cir.) Nishnianidze (1st Cir.) After suspect invokes right to counsel, officer says he ‘really Custodial Interrogation needed to know his side,” Langlands (GA) Agents investigate falsified firearms form, Protsman (6th Cir.) Defendant shown surveillance photo from bank, Spencer (NH) Agents seek answers to decades-old crime, LeBrun (8th Cir.) Defendant's father tells police attorney is on the way Officers question father about gun used in shooting of son Grice (NY) Allen (9th Cir.) Detective confronts suspect on drugstore burglary Police investigate murder of homeless man, Parsad (2nd Cir.) Minshall (KY) Police question 17 year old charged with a birthday party Detective questions sexual abuse suspect in his home murder, Howell (AR) Duddles (FL) Stopped vehicle reveals meth lab, Olson (MT) Detective tells robbery suspect others would implicate him Undercover drug operation ensnares brothers, Tavares (NY) Shead (AR) Custody Detective tells suspect he ‘heard some things,’ Peterson (IA) Husband kills wife, then cooks supper for his son, Lockhart (ME) Juvenile suspect given adult Miranda warnings, Nelson (AL) Is a man in custody when he is standing outside his home and Learning-disabled suspect questioned using “false friend’ voluntarily answering questions?, Gunn (WY) technique, Werner (UT) Detention Molestation suspect claims confession was invalid because of Officers detain suspect in kitchen while they await search coercive environment, Luna (IN) warrant, Hills (LA) .. sh Jan Officer is persistent in his questioning, Goulart (WY) Publisher: E. Michael Quinlan, Esq. Managing Editor & Editor in Chief: Dustin C. Rowles, Esq. Editors: Julie DiMauro, Esq., Jeremy C. Fox, Sarah Pascarella, Patricia J. Lloyd, Esq., Carol Johnson Perkins, Esq., Heidi Taylor Circulation Director: Peter Pearsall Graphic Design: Carolyn Hoy, Jennifer Fleming Published by ARREST LAW BULLETIN ISSN 8755-8300 (print) ISSN 1544-5038 (online) QUINLAN PUBLISHING GROUP 23 Drydock Ave., Boston, MA 02210-2387 (617) 542-0048 fax: (617) 345-9646 Agent for Quinlan Publishing Co. email: [email protected] http://policecenter.com Copyright © 2003 Page 2 — January 2003—December 2003 Arrest Law Bulletin Month Page Month Page Office manager claims school shooting anniversary made Probable Cause juestioning custodial, Wallace (8th Cir.) June 5 Bleeding man first asked whether he has drugs or weapons, Officer lies while interrogating suspect, Martinez (MN May 5 Pate (CO) Sept. 6 Shivering suspect asks if he needs an attorney, Scoggins (MA) Sept. 3 Does refusing to provide personal info rise to level of Suspect claims he asked for attorney before making probable cause?, Mitchell (4th Cir.) April 5 statements, Cooper (LA) May 4 Flight, plus bricks of cocaine taped to suspect, gives officers Suspect has trouble understanding English, Guerrero (IA Nov. 4 right to arrest, Wilmore (3rd Cir.) April 4 Suspect ‘hounded’ to tell the truth, McPherson (NI Dec. 6 Informant leads police to drug supplier, Clark (4th Cir.) Jan. 3 nakes vague Statements concerning attorney Mail carrier acts suspiciously soon after anthrax scare, r(™N Dec Ullah (NY June 2 ifficers’ discussion, Thomas (WA Oct Man arrested at hotel after fellow arrestee’s spontaneous nent about prison time coercive ’, Santo comment, Kelly (8th Cir.) Aug. 2 Mar Motorists report trucker on highway carrying firearm, Anderson (8th Cir.) Dec Officer fir i drunken driver at home in bed Interview Marquardt May 4 spect responds nope to reque Officer makes drug arrest at car wash, Goddard (11th Cir.) Feb I * i ntinues james (ist ( Officer akes identity of suspect, McGriff (MN) Feb Inventory Search Police search for forged bank checks in suspect's father’s residence, Buddhu (CT) Sept mpound illega ar vehicle after rec Police seek out suspect in motel room, Garza (UT) Sept warrants, Richards (6th ¢ Postal in tors find arrestee with open package, Armstrong vehicle of auto theft suspect and alleged 3rd Cir.) Aug Mendez (2nd Cir Student cl arrest after involuntary Commitment, Jurisdiction Haddad (7th Cir July American tighter jets track Suspect leaves edi ard receipt in drug lab litter, uly pa ier, Cafiero (MA Walley (AR Sept cers make arrest outside jurisdic Victim points to truck that hit him, McKinney (8th Cir Aug wurt?, Mikulski (10th Cis Protective Sweep Miranda Warnings Sweep undertaken during probation search, Ledesma (CA) May dent victim questioned while strapped t Reasonable Suspicion ir (MA Mobile home owner says meth dealer in house, Delaney (AR) .F eb strative rights ipparently conflic Sar Cruz (9th Cir Right to Counsel irse after courier does not remove During interrogation, murder suspect says, ‘I think I'd like to talk to a lawyer,’ Clark (9th Cir.) Mar iriver carrying firearm, Haskell (MA Inmate trades info for favorable treatment, Johnson (8th Cir.) ..O ct fficer threaten suspect?, Lerma (MN Officer tells suspect, “honesty won't hurt you,’ Hart (FL) May pancies exist between English and Spanish versi Suspect asks for lawyer before cooperating, Perez (NY) Jan a rights, Ovalle (NY Search Incident to Arrest nitally gives faulty Miranda warning, Fo Arrestee steps out of car before search begins, Thornton istody when he is asked questions by 1 Cir June Brent Londagin (MO) Police arrest suspect claiming to have been shot, Bland (NY) .. April ead and write sufficient basis for arg Student Discipline ghts not properly administered?, Brown Miranda warnings not required for student questioning by vice tor sex offenses principal, [ra I. (MA) Sept KS Supreme Court Spotlight sick suspect swallowed After illegal arrest, suspect receives Miranda warning and confesses; is confession admissible?, Kaupp (U.S. Supreme Court) July Officer interrogates man being treated for police-inflicted gunshot wounds, Chavez (U.S. Supreme Court) July United States Supreme Court to re-examine Miranda, Patane (U.S. Supreme Court) June Traffic Stop Man stopped for not wearing seatbelt and arrested for crack reported stabbing, Garcia-Meza (MI possession, Hatcher (FI i *d robbery su pect leaving back door Unlawful Arrest Jones (TN) Arrest for littering leads to warrantless sez ges Miranda-less secondary inspect Featherstone (OH) oway (6th Cu Man jaywalking leads to a conviction for possession of crack ifesses during booking Spiller (AR) cocaine, Brown (OH) What can I do to help myself Is Mira Warrant Lewis (4th Cir Police arrest man after catching him videotaping woman Woman re ports shots fired at her home, Lackey (10th Cis through her bedroom window, Pancake (OH) May Woman with her young son says she is kidnapped Was federal warrant valid if based on oral testimony?, Walton Bridges (ME) (6th Cir Sept NoDPtp ree sifdreonmt tBhues h Edpiuttos r the kibosh on racial profiling WaCrarna ntodloers s leaAd rrteos tp robable cause?, Steelman (TX) Jan Plain View Drug suspects refuse police entry into hotel room, Willis (IN) .Mar Officer attempts to serve arrest warrant on one suspect and Officers arrest man for sexual crimes after witnessing juvenile finds weapon on another, Bishop (6th Cir.) moke cigarettes in his company, Willie (CA) June