SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

The temporal proximity of the Fourth Amendment
violation to the procurement of the challenged
evidence;
The presence of intervening circumstances (e.g., an
arrest warrant);
The flagrancy of the official misconduct.
A Defective Arrest Warrant:
Statutory Limitations:
(Id., at pp. 269-272; citing Brown v. Illinois (1975)
422 U.S. 590 [45 L.Ed.2 nd 416].)
Arresting a subject with the good faith belief that there was an
outstanding arrest warrant, only to discover after the fact that the
arrest warrant had been recalled, does not require the suppression
of any resulting evidence where the mistake is the result of
negligence only, and was not reckless or deliberate. (Herring v.
United States (2009) 555 U.S. 135 [172 L.Ed.2 nd 496].)
If officers making an arrest have probable cause to arrest him and
the arrest is otherwise lawful (e.g., in public), then it is irrelevant
whether the arrest warrant is invalid. (United States v. Jennings
(9 th Cir. 2008) 515 F.3 rd 980, 985.)
Daytime and Nighttime Arrests (P.C. § 840):
Felony Arrests: An arrest for the commission of a felony may be
made:
Without an Arrest Warrant: Any time of the day or night,
in any public place or while already in custody on another
charge, whether or not the offense occurred in the officer’s
presence. (P.C. § 836(a)(2))
Exception: A police officer cannot make a
warrantless arrest within the subject’s own home
(People v. Ramey (1976) 16 Cal.3 rd 263, 276;
Payton v. New York (1980) 445 U.S 573 [63
L.Ed.2 nd 639].), or the home of another person
(Steagald v. United States (1981) 451 U.S. 204 [68
L.Ed.2 nd 38.]; see below.), absent an exception.
© 2012 Robert C. Phillips. All rights reserved
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