Police enter a home WITHOUT consent for welfare check, find woman unharmed, ILLEGALLY search anyway.
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- čas přidán 7. 09. 2024
- During the evening hours of January 5, 2019, officers were dispatched to Dane Arredondo's ("Dane") house on a neighbor's report of a woman screaming and crying inside the residence. When the officers arrived, they entered the home without consent to check on the woman. They found her downstairs, extremely intoxicated but apparently unharmed. While inside the house questioning Dane's brother, David Arredondo ("David"), about the disturbance, the officers discovered small glass medicine vials. Dane was charged with (1) health care fraud, in violation of 18 U.S.C. § 1347 ; (2) acquiring controlled substances by fraud, in violation of 21 U.S.C. § 843(a)(3) ; and (3) possession of controlled substances, in violation of 21 U.S.C. § 844. The government appeals the district court's order granting Dane's motion to suppress the vials.
The Fourth Amendment protects the right of persons to be free from unreasonable seizures of their papers and effects. U.S. Const. Amend. IV. A warrantless seizure of property is per se unreasonable unless it falls within a well-defined exception to the warrant requirement. Robbins v. City of Des Moines, 984 F.3d 673, 680 (8th Cir. 2021). The government contends exigent circumstances and the community caretaker function justified the officers’ presence upstairs and a warrantless seizure of the vials was permissible under the plain view exception.
While we have reservations about the government's claim that the officers were lawfully present upstairs, the exigent circumstances and community caretaker function having dissipated and the issue of consent being questionable, it is unnecessary to resolve this issue because the plain view exception does not apply. The plain view exception authorizes an officer to seize an object without a warrant if (1) the officer lawfully arrived at the location from which he or she views the object, (2) the object's "incriminating character" is "immediately apparent," and (3) "the officer has a lawful right of access to the object itself." United States v. Lewis, 864 F.3d 937, 943 (8th Cir. 2017) (citation omitted). Here, even assuming the first and third prongs are satisfied, the second prong is not because the record does not establish the "incriminating character" of the vials was "immediately apparent."
For an item's "incriminating character" to be "immediately apparent," the officer must have probable cause to associate it with criminal activity. Id. at 944. Deputy Fenton possessed no such probable cause. When he came upon small glass containers that looked similar to containers that hold common household items, such as contact lenses, essential oils, or medications for insulin or fertility, there was no basis to immediately suspect contraband.
Read full case here: United States v. Arredondo, 996 F.3d 903 (8th Cir. 2021), casetext.com/c...
Anton Vialtsin, Esq.
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There is no situation that a cop cannot make into a fishing expedition, and there is no legal activity that a cop can’t turn into a crime.
Give them a minute and they will make one up.
In a police state, everything you do, even if legal, will be used against you.
If "we got a call" suspends your 4th Amendment, you don't have a 4th Amendment.
No Warrant Needed for Drone Evidence in Code Enforcement Cases (Steve Lehto) - czcams.com/video/KniqGq6gTs0/video.html
*_Feeling the FREEDOM Yet? Still think you have "Rights"?_*
*Now every infringement of the 4th Amendment will be Civil and quickly migrate to Criminal! Give the Government an inch they take, and take, and take.*
*When the Government routinely destroys our “Rights”, what exactly is the point of our Constitution? Toilet Paper?*
The #1 thing a cop always says....THEY 100% believe that "a call" gives them probable cause to do whatever they want.... completely ignoring the fact that "a call" is nothing more than hearsay. Giving them the right to investigate the claim...but NOTHING more.
God damn that’s a true statement if I ever read one.
Welfare checks are not supposed to be criminal in nature. Seen worse abuses.
Stopping a man walking at night because its cold and he didn't have a jacket.
So naturally ends up the man after saying I'm fine and going home, ends up beaten, tased and arrested.
i saw that one , cops are troublemakers ! and they get away with it .
Obviously walking with intent.
Everything is a crime with the blue line sovereign citizens.
Walking while Black
I wish the only welfare checks were those that came in the mail, if people need to be checked on let healthcare people do it .
Thank you for your service against America's AntiAmerica Police
"A wellfare check "? i thought cops had no duty to protect? i guess they can pick and choose.
When did the so called Community Caretaking function become an exception to the 4th Amendment? Never.
NEVER
In 2021, the United States Supreme Court ruled unanimously in Caniglia v. Strom that there is no “community caretaking exception."
So if you get in an argument the police have to get involved, and search your home? This just seems unhealthy.
Only if you have an ignorant neighbor.
@@greybeard5123 One bad neighbour can ruin your life.
The United States Supreme Court ruled unanimously in _Caniglia v. Strom_ that there is no “community caretaking exception." If the house was quiet when the police did their welfare check then they didn't have exigent circumstances to enter the home. Without a warrant or exigent circumstances they can't enter the home. Period. Anything found after the civil rights violation is fruit of the poisonous tree, and the home owners should have sued the cops for violating their civil rights by entering the home without a warrant or exigent circumstances.
During the ordeal no other option but take it quietly
NEVER let the police inside your house unless they have a search warrant! Lock yourself inside and don't talk to them except to say, "get off the property, you are trespassing."
Its over when they yank the door down and fry the CCTV hard drive
No warrant, Castle doctrine.
Do no open the door for police!
Then they break in
@@lindac6416 not here. In Florida we have impact windows and doors. Better bring a tank.
If police officers are operating without a search warrant that specifically allows them to be in a particular location, and they're not in a location they can normnally access, then the "plain view" doctrine shouldn't apply. Because those items wouldn't have been in "plain view" if the cops weren't where they wouldn't be allowed under normal circumstances.
All those cops should goto prison for a long time for blatant Constitutional violations.
They get a minimum 50-100% police discount in decades worth of crime sentencing even if convicted and you want them to go to jail for constitutional violation.
That mustache deserves--DEMANDS--a 10 gallon hat and a tin star!
it does. it is a crime to not wear a Stetson at least
This is gestapo stuff. If it is allowed in that state, the law should be changed. The "in plain sight" rule should not apply nor should they be allowed to search.
My brother was held at the border feds/police raided his property no warrant came back 2 yrs later with a warrant and now he is in federal court. Major violations interesting how they hide evidence delete evidence or lie to the court. He said he is going to have to file a lawsuit alone cant find a law firm locally or a justice project he is pretty good with knowing the law. Even if innocent prosecutor will keep pushing for a convictions.
Sounds similar to my issues.
The way it should be is either the cops are there to help or to get someone in trouble but it shouldn't be both. It's not like it was a bloody knife.
I can't come up with a valid reason why police in their current iteration should exist. It seems they only exist to violate the spirit and letter of the Constitution.
It's a crime to move liquor from Its original bottle into another so anyone can be arrested for having those fancy liquor bottles in your house 😅. A left over from the prohibition we have too many laws which is why we need our rights protected by the courts.
Then how do you make a drink and fill your flask ?
The cased was dismissed because the cop lifted the vial? What about the part that they were in place they had no right to be, or arrested (at the time) 2 people who were not suspected of crimes (handcuffs and being place in a squad car is arrest like detention)
The biggest fear is that your lawyer doesn't know anything, we already know the law enforcement breaks many laws.
When police go phishing, but you won't bite so they get the harpoon.
There are five year olds that know you either need a warrant or exigent circumstance to enter a property, a basic fact that seems to elude a high number of supposedly trained officers. Cases like this should have an automatic exclusion from QI because even the dimmest of police know or should know this basic fact of their job.
The plain view exception is limited to the room they are lawfully in.
Not the whole house.
A welfare check does not equate to a search warrant. The illegality of the vials not being immediately obvious should nullify "plain view".
7:20 you explain as much (I was already writing this response). The admission of further investigation of the vials effectively defeats plain view.
Awesome to have this further clarified & supported by case law, excellent video Stache esq..
My son had a seizure so I called for an ambulance. While the E.M.T. was working on my son, a cop was going through MY bedroom. I filed a complaint but we all know where that went.
First mistake, opening the door the cops. Make the cops open the door without consent. Second mistake, talking to the cops. Third mistake, not consenting to searches or entry.
Tyranny
We are doomed
DDDDOOOOOOOOMMMMMMMEEEEEEDDDD! Watch Futurama.
a welfare check is not a prelude to violate anyones rights or even enter their property...
Protect and Serve is a really foreign concept these days. Investigate and prosecute would be a better phrase for a door decal.
Something like this happened to my mother. The police, courts etc. stoled millions.
Is it time for vigilante retribution yet?!
No one ever said officers don't make every effort to imprison you or take advantage of the situation if given the opportunity. They also never have to worry sbout their "mistakes in the application of the law" that they are required to not be ignorant of and use it as an excuse for their actions. The courts grant to officers ignorance as their excuse for wrong doing. It is not applied to the rest of us and is a violation of equality under the law.
why is it that so many police departments lack this basic training of our rights?
This wasn’t an illegal search and seizure, it was armed burglary. #EndQualifiedImmuity
Excellent synopsis…👍
I just gotta say i love that mustache. I always said when i got older id have long hair and beard.
So in my late 50s i let it grow.
Wait until you turn grey you will be known for being a great lawyer,the one with that huge mustache.!!!
No they cant cliam anything after the lady disspelled the fear of being hurt.
The police always trying to lock someone up.
Couldve been tv anyway.
I'm already pretty well-known in my community. No need to wait until grey to be great! Lawstache aka The Mustache Lawyer, El Bigote, Bigotón, and others (I've heard it all). ~ AV
🙄 Brown versus Texas a 911 call alone does not give probable cause, but it does give them reasonable suspicion, under reasonable suspicion of someone possibly hurt they are allowed to enter the house under exigent circumstances without consent (Think your grandma has fallen). The Plain View doctrine will get murky from there depending upon what circuit you're in.
Scary
*Some Good News... Maybe one day the cops will really pay for their Crimes!*
Federal Judge Slams Qualified Immunity (Steve Lehto)
Mr. Mustache Lawstache eh?
So who is this person calling the police? If it's a real call by a real person, why did they not go themselves first? I assume they must know the people who live there and their circumstances. Why do you need to the police all the time?
Hi wouldn't also the handcuffing of the brothers also be a seasure in their own home as this was warrentless
6:09 The Old community caretaker thing has really undergone some morphing. Being a Community caretaker is part of the JOB. Fire Watch, Unlocked buildings, people creeping thru alleys, drunks lying on or near the road. Your job under the Community caretaker also included checking on people, but following the law as you did so. The totality of the situation is required. Previous calls to residence. The caller who reported this is reliable? Are there numerous complaints? Are the residents at the target address known to law enforcement. These are not routine calls. A supervisor is at least monitoring and should be asking questions. Is yelling and slamming doors against the law? What is the time of day? Is it illegal to be intoxicated, loud and obnoxious in one’s own home? The entry is probably unlawful. Everything else is fruit of the poisonous tree. Had the Officers stood at the door, seen something in plain view which was illegal, they likely might not have been legally able to enter to seize the items, depending on the nature of the Offense observed. Easier to just sit on the address and get a warrant. If they flush the evidence, it is tampering, another charge. Not sure what has happened in Law Enforcement over the last say 20 years. Kicking in the doors to the wrong houses, getting warrants on faulty information/no independent verification, Raiding a mans home at 06:01 am knowing how he would respond, advising citizens to kick in a door of a residence they do not live at, then enter and handcuff the resident. Police pulling firearms on citizens for reason which later turn out to be illogical. People have been charged with growing weed because they lived close by from wild hemp plants, not their property, not their hemp. Not even sure they were Marijuana. A farmer has millions of dollars in crops destroyed by the government for having the crop in the wrong field, then arrested. Police no longer honor freedom of speech. I have to believe police Academies are no longer teaching Graham Factors or de-escalation techniques. Otherwise we wouldn’t be having this issues. Officer Safety, something which is not even a real thing, has become the leading Policy in all Departments. Officer Safety was internal. You stayed observant and in your mind proactively killed everyone you met. When I served, and once the pursuit was over, the foot chase done, or the fight over and cuffs on, we helped the perp up, dusted him off, asked him for he was good, and carried on. It wasn’t personal. Now everyone is taking everything personal. I believe it is a flaw in whatever culture this is we are living in. lot different than the culture i remember. We once knew which restroom to use and what a woman was. Not so much now.
But they were unlawfully on premises. There is no power to search surely
Fruit of a poisoned tree, that’s exactly what happened when they broke into this man’s house ILLEGALLY
Yes they had a good reason to enter the house and talk to the woman, they had NO reason to search the house.
They may have had a good reason, but they had no legal right to enter the house. Unless a resident allowed them to go in.
We need more Texans to take over California.
Just don’t get drunk.
A bourrée might also work.
"Police Burglarize Disabled Woman" ftfy
Thats all well and good but here lies the problem if you don't have a good lawyer your screwed as we all know the government does not follow the law and it could cost you thousands to make the government to follow the law and more times than not we the people will lose so there for the cops will do as they please with out being held accountable we do have great laws in this country but unfortunately they are only great for them who can afford them
Like u mustache u look cool men
Ironically he looks like a cop from 1887
Every lawman and outlaw in 1800's.
I thought Scotus kinda hit the brakes on Community caretaking?
Everything they thought they found is inadmissible because they violated the 4th amendment.
The defendant's lawyer has to file a motion to suppress