warrantless-arrest

44 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25A148 Harry Barnett v. City of Chicago, Illinois, et al. Seventh Circuit 2025-08-05 Presumed Complete fourth-amendment malicious-prosecution probable-cause property-seizure section-1983 warrantless-arrest Whether a police officer's warrantless arrest based on probable cause arising from a good faith belief that property was stolen constitutes a valid Fo…
25-5020 Dan L. Bozeman v. James R. Schiebner, Warden Sixth Circuit 2025-07-02 Denied Response WaivedIFP due-process fourth-amendment ineffective-assistance probable-cause stone-v-powell warrantless-arrest Whether a defendant is considered to have received a full and fair consideration of a 4th Amendment claim under Stone v. Powell when trial and appella…
24-6910 In Re Edward Greeman 2025-04-01 Denied IFP brady-violation due-process grand-jury habeas-corpus speedy-trial warrantless-arrest Whether the warrantless arrest violated due process and if arresting officers had jurisdiction, whether exculpatory evidence was withheld from the Gra…
24-5935 Edward Greeman v. Edward Burnett, Superintendent, Fishkill Correctional Facility Second Circuit 2024-11-07 Denied Response WaivedRelisted (2)IFP brady-violation due-process habeas-corpus judicial-misconduct sixth-amendment warrantless-arrest Whether the warrantless arrest violated due process and whether exculpatory evidence was withheld from the Grand Jury
24-5870 Paul Curtis Pemberton v. United States Tenth Circuit 2024-10-31 Denied Response WaivedIFP evidence-collection exclusionary-rule fourth-amendment good-faith-exception law-enforcement warrantless-arrest Whether the good-faith exception to the exclusionary rule can be extended to evidence collected from a warrantless arrest
24-5577 Victor Javier Grandia Gonzalez v. United States Eleventh Circuit 2024-09-19 Denied Response RequestedResponse WaivedRelisted (5)IFP common-law-rule constitutional-protection fourth-amendment misdemeanor-offense officer-presence warrantless-arrest Whether a warrantless arrest for a misdemeanor offense violates the Fourth Amendment where the offense did not occur in the presence of an officer
24-310 Sean Michael McGuire v. Texas Texas 2024-09-19 Denied Response Waived exigent-circumstances felony-arrest fourth-amendment misdemeanor probable-cause warrantless-arrest Does the Fourth Amendment permit a police officer to make a warrantless arrest for a felony not committed in his presence where probable cause only ex…
24-75 Nicholas Yarofalchuw v. John Cabrera, et al. Ninth Circuit 2024-07-25 Denied Response Waived 4th-amendment curtilage curtilage-exception exigent-circumstances fourth-amendment misdemeanor misdemeanor-seizure reasonable-officer-standard santana-precedent search-and-seizure warrantless-arrest Is a warrantless arrest, in the absence of exigent circumstances, by physical force, for a misdemeanor, in the entrance to the curtilage of the suspec…
23-860 Brandon Holtan, et al. v. Mark Edward Nieters Eighth Circuit 2024-02-09 Denied civil-rights due-process fourth-amendment free-speech law-enforcement probable-cause qualified-immunity unlawful-assembly warrantless-arrest Whether probable cause existed to arrest for unlawful assembly
23-6355 Allan Leslie Sinanan, Jr. v. Pennsylvania Pennsylvania 2023-12-27 Denied IFP article-1-section-8 criminal-procedure drug-buys dunaway-v-new-york fourth-amendment probable-cause strickland-standard terry-stop terry-v-ohio warrantless-arrest Whether the Pennsylvania judiciary's application of the Strickland/Pierce standard was unreasonable
23-684 Andrew Knapp, et al. v. Janice Brown Sixth Circuit 2023-12-26 Denied Response Waived adverse-effects-for-police clearly-established-law constitutional-rights detention law-enforcement probable-cause probable-cause-determination qualified-immunity sixth-circuit warrantless-arrest Did the Sixth Circuit err in denying qualified immunity to four police officers?
23-530 Terrence R. Yoast v. Pottstown Borough, Pennsylvania, et al. Third Circuit 2023-11-17 Denied excessive-bail false-arrest false-imprisonment fourth-amendment heck-doctrine malicious-prosecution probable-cause qualified-immunity section-1983 warrantless-arrest warrantless-entry Fourth-Amendment-in-presence-requirement
23-5922 Maxwell Chibueze Ezenwa v. United States Fifth Circuit 2023-10-31 Denied Response WaivedRelisted (2)IFP constitutional-rights double-jeopardy due-process eighth-amendment fourteenth-amendment fourth-amendment ineffective-assistance-of-counsel prosecutorial-misconduct statute-of-limitations warrantless-arrest Whether the warrantless arrest, statute of limitation, double jeopardy, Eighth Amendment violation, and Fourteenth Amendment violation were properly a…
23-396 Bowe Marvin v. David Holcomb, et al. Seventh Circuit 2023-10-16 Denied 4th-amendment civil-rights due-process excessive-force fourth-amendment in-home-arrest law-enforcement-conduct probable-cause warrantless-arrest Whether there is a felony-exception to requiring probable-cause for in-home-arrests without-a-warrant
23-5624 Charles M. Porter v. United States District Court for the Middle District of Florida Eleventh Circuit 2023-09-21 Denied Response WaivedRelisted (2)IFP 4th-amendment civil-rights criminal-procedure due-process extraordinary-circumstances judicial-discretion law-enforcement probable-cause trial-court-error warrantless-arrest Whether the warrantless arrest is unlawful due to insufficient probable cause
22-7162 In Re Anthony Dewayne Lee Turner 2023-03-30 Denied IFP civil-rights due-process excessive-force fourth-amendment probable-cause warrantless-arrest Whether the petitioner's Fourth Amendment rights were violated when he was arrested without a warrant and probable cause
22-7122 Quintel West v. Fredeane Artis, Acting Warden Sixth Circuit 2023-03-27 Denied Response WaivedIFP due-process effective-assistance-of-counsel expert-testimony fourth-amendment probable-cause prosecutorial-misconduct reckless-driving sixth-amendment warrantless-arrest Whether the petitioner's warrantless arrest was consistent with the Fourth Amendment?
22-6646 Omar Shaheer Thomas v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2023-01-27 Denied IFP 14th-amendment 4th-amendment 5th-amendment certificate-of-appealability constitutional-violation due-process illegal-arrest ineffective-assistance search-and-seizure warrantless-arrest Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability
22-6552 Sergio Guerrero v. United States Ninth Circuit 2023-01-18 Denied Response WaivedIFP ammunition-possession bill-of-rights fourth-amendment lawful-materials probable-cause reasonable-suspicion second-amendment warrantless-arrest Whether the Ninth Circuit's decision is consistent with this Court's precedents on the Fourth Amendment's probable cause standard when suspicion is ba…
21-7732 Oji Konata Markham v. Vicki Janssen, Warden Eighth Circuit 2022-04-27 Denied IFP brady-violation court-of-appeals due-process fair-trial fourth-amendment ineffective-assistance prejudice probable-cause sixth-amendment warrantless-arrest Whether the court of appeals properly assessed prejudice when it considered the Brady v. Maryland, 373 U.S. 83 (1963) violation
21-7182 Ernest Judge Smith, III v. Florida Florida 2022-02-24 Denied IFP due-process exigent-circumstances fourteenth-amendment fourth-amendment knock-and-announce law-enforcement-tactics probable-cause search-and-seizure unreasonable-search warrantless-arrest Isn't the Fourth and Fourteenth Amendments violated when exigent circumstances are created through police officers use of unreasonable law enforcement…
21-7089 LeAndre Jordan v. Ohio Ohio 2022-02-09 Denied Amici (1)Response WaivedIFP 4th-amendment civil-rights constitutional-reasonableness exigent-circumstances fourth-amendment law-enforcement probable-cause unreasonable-seizure warrant-requirement warrantless-arrest Are warrantless, probable cause arrests reasonable when no exigency or contemporaneous crimes are present to excuse the failure to obtain a warrant?
21-6683 David M. Vines v. City of Black Diamond, Washington, et al. Washington 2021-12-21 Denied Response WaivedIFP arrest-without-warrant civil-rights constitutional-rights fourth-amendment free-speech police-misconduct warrantless-arrest warrantless-search whistleblower whistleblower-protection Whether the State of Washington and the police have decided an important question of Federal law, namely the Fourth Amendment, e.g. arrest without a W…
21-5217 Jeffrey Keller v. Illinois Illinois 2021-07-26 Denied Response WaivedIFP constitutional-violation criminal-procedure due-process eavesdropping eavesdropping-law miranda-rights prosecutorial-misconduct warrantless-arrest Whether the Illinois Courts incorrectly found that petitioner's rights were not violated
20-1771 Charles Simonson v. Borough of Taylor, Pennsylvania, et al. Third Circuit 2021-06-22 Denied circuit-conflict circuit-split criminal-procedure domestic-violence due-process independent-investigation probable-cause warrantless-arrest witness-statement Whether the court of appeals erred when it did not require independent corroboration of an estranged-divorcing wife's allegations that her husband att…
20-1747 Erich Sorenson v. Massachusetts Massachusetts 2021-06-16 Denied Amici (3)Response Waived 4th-amendment civil-rights constitutional-protection curtilage due-process fourth-amendment home-privacy law-enforcement search-and-seizure standing warrantless-arrest Whether the hallway area immediately adjacent to an apartment, in a private multi-family dwelling that is not open to the public, is part of the curti…
20-8303 Dong Sheng Huang v. Jalea Joechelle Hill, et al. Fifth Circuit 2021-06-14 Denied Response WaivedIFP civil-procedure civil-rights false-imprisonment fourteenth-amendment fourth-amendment malicious-prosecution section-1983 warrantless-arrest Whether fourth amendment and fourteenth amendment claims were dismissed wrongly at Rule 12(b)(6) motion stage
20-7074 Jimmy Lee Nave, Jr. v. Frank Vanihel, Warden Seventh Circuit 2021-02-09 Denied Response WaivedRelisted (2)IFP criminal-procedure due-process fourth-amendment ineffective-assistance ineffective-assistance-of-counsel probable-cause warrantless-arrest witness-identification Did the District Court err by relying on evidence received after Mr. Nave's warrantless arrest to determine the veracity of statements made by the aff…
20-6866 Kevin Sutherby v. Sherman Campbell, Warden Sixth Circuit 2021-01-13 Denied Response WaivedIFP constitutional-rights criminal-procedure due-process habeas-corpus ineffective-assistance ineffective-assistance-of-counsel newly-discovered-evidence prosecutorial-misconduct warrantless-arrest Whether Mr. Sutherby is entitled to a new trial based on newly-discovered-evidence, ineffective-assistance-of-counsel, and illegal-evidence
20-6813 Manuel Diaz v. United States Fifth Circuit 2021-01-08 Denied Response WaivedIFP 4th-amendment 5th-amendment child-pornography circuit-split fourth-amendment probable-cause search-warrant warrantless-arrest Whether an officer has probable cause to obtain a search warrant or to make a warrantless arrest for the offense of possession of child pornography ba…
20-6262 Daniel Twian Brown v. Steven Johnson, Administrator, New Jersey State Prison, et al. Third Circuit 2020-11-10 Denied IFP certificate-of-appealability constitutional-rights criminal-procedure due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment ineffective-counsel warrantless-arrest Whether the Third Circuit Court of Appeals Erred in Denying Petitioner a Certificate of Appealability
20-5797 Jeffrey Murray v. Rhode Island Rhode Island 2020-09-24 Denied Response WaivedIFP 4th-amendment civil-rights criminal-procedure due-process judicial-determination probable-cause probation-violation standing warrantless-arrest Whether a summons must issue prior to the issuance of a bench warrant
19-8437 Joh-ner Taylor Wilson v. Illinois Illinois 2020-05-12 Denied Response WaivedIFP civil-rights due-process fabricated-evidence false-arrest fourth-amendment perjured-testimony probable-cause warrantless-arrest wrongful-conviction Whether Wilson's warrantless arrest and detention without probable cause violates the Fourth Amendment
19-7282 John Anthony Arnold v. Virginia Virginia 2020-01-14 Denied IFP 4th-amendment appellate-review civil-rights criminal-procedure death-penalty due-process evidence-suppression fourth-amendment law-enforcement motion-to-suppress ninth-circuit search-warrant standing warrantless-arrest Did the Virginia Supreme Court err in upholding petitioner's warrantless arrest?
19-308 Blanca Arizmendi v. Patrick Gabbert Fifth Circuit 2019-09-06 Denied Response Waived civil-rights constitutional-rights due-process false-representation fourth-amendment franks-v-delaware hicks-v-oklahoma law-enforcement qualified-immunity texas-code-of-criminal-procedure warrant-affidavit warrantless-arrest Was the officer's arrest of Petitioner with a warrant based on clearly established law?
19-5689 Benjamin Oshea Calhoun v. Tony Villa, et al. Fifth Circuit 2019-08-23 Denied Response WaivedIFP civil-procedure civil-procedure-12b6 civil-rights due-process false-statements federal-rules-of-civil-procedure federal-rules-of-evidence judicial-recusal judicial-supervision legal-authority motion-to-dismiss probable-cause standing warrantless-arrest Whether the Appellant court's ruling to uphold the District Court's order which granted defendants' motions to dismiss conflicts with the Supreme Cour…
19-5055 Isaac Decurtis Harris v. Michigan Michigan 2019-07-03 Denied IFP arraignment civil-rights constitutional-rights conviction court-rules criminal-procedure due-process liberty-interest state-court transcript warrantless-arrest Whether the State Court had caused a conflict within the State Court ignoring its controlling governed caselaw
18-9737 Laquan L. Kellam v. United States Third Circuit 2019-06-20 Denied Response WaivedIFP constitutional-interpretation criminal-procedure eighth-amendment eighth-amendment-rights expert-witness-testimony fifth-amendment fifth-amendment-rights fourteenth-amendment fourteenth-amendment-rights fourth-amendment fourth-amendment-rights procedural-error search-and-seizure sixth-amendment sixth-amendment-rights statutory-interpretation warrantless-arrest Did the United States Court of Appeals for the Third Circuit abuse its discretionary, broadly-based authority of interpretation, thus, violating petit…
18-9535 Alexander Ocasio v. William Perez, et al. Ninth Circuit 2019-06-05 Dismissed IFP access-to-courts citizens-arrest constitutional-rights due-process Fifth-Amendment-violation First-Amendment-violation fourteenth-amendment Fourteenth-Amendment-violation fourth-amendment Fourth-Amendment-violation inter-local-agreement judicial-bias jurisdictional-limitations liberty-interest nev-rev-stat-289-350 Ninth-Circuit police-powers property-interest unlawful-arrest warrantless-arrest Is it a violation of the Fourth Amendment and Fourteenth Amendment of the U.S. Constitution where it is clear to every reasonable police officer that …
18-8147 Jerry Allen Horn v. Kansas Kansas 2019-02-27 Denied Response WaivedIFP constitutional-rights county-of-riverside-v-mclaughlin due-process effective-assistance-of-counsel fifth-amendment fourteenth-amendment fourth-amendment gerstein-hearing investigative-delay res-judicata sixth-amendment state-habeas-corpus supremacy-clause warrantless-arrest Question not identified
18-7933 Keith Charleston v. Jeffrey Woods, Warden Sixth Circuit 2019-02-12 Denied Response WaivedIFP 4th-amendment 6th-amendment constitutional-rights criminal-procedure-miranda due-process ineffective-assistance-of-counsel ineffective-counsel miranda-rights premeditated-murder probable-cause self-defense self-incrimination warrantless-arrest Whether petitioner's statement was unconstitutionally obtained due to intoxication and lack of sleep preventing a knowing and intelligent Miranda waiv…
18-7859 Frank D. Monsegue, Sr. v. United States Eleventh Circuit 2019-02-08 Denied Response WaivedRelisted (2)IFP 6th-amendment criminal-procedure criminal-procedure-defects due-process federal-jurisdiction federal-rules-of-criminal-procedure plea-agreement standing subpoena warrantless-arrest Whether defective summons/subpoena (without authorizing authority, name or signature) attached herein render the indictment defective?
18-6050 Timothy L. Rodriguez v. DeWayne Burton, Warden Sixth Circuit 2018-09-21 Denied Response WaivedRelisted (2)IFP due-process equal-protection fourteenth-amendment fourth-amendment probable-cause subject-matter-jurisdiction Void-for-Lack-of-Jurisdiction warrantless-arrest Whether the states have reached incongruent results when interpreting this Court's decision due to a radical defect that occurred after the petitioner…
18-348 Robert Weisler, III v. Jefferson Parish Sheriff's Office, et al. Fifth Circuit 2018-09-17 Denied 42-usc-1983 4th-amendment civil-rights Devenpeck-v-Alford fourth-amendment heck-v-humphrey police-accountability qualified-immunity warrantless-arrest Whether Devenpeck v. Alford, which protects officers who either incompetently or maliciously arrest a person for a crime the arrestee did not commit, …