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NJ: Defendant's fleeing out a window into a public place cured his arrest on an invalid arrest warrant

By John Wesley Hall, Jr.

The police had an invalid warrant for defendant’s arrest. When they knocked at the door, he fled out a window. Therefore, the arrest was in a public place. State v. Brown, 2011 N.J. LEXIS 81 (January 25, 2011).* Defendant did not abandon his truck by parking it and walking across the street. He had the keys in his pocket. He also had standing. The search was valid based on probable cause under the automobile exception. United States v. Ollervides-Sanchez, 2010 U.S. Dist. LEXIS 140440 (N.D. Ga. December 29, 2010).* Defendant by statute was required to put the state on notice of the issues to be tried in the motion to suppress, and his motion did by stating that there was a lack of probable cause. The state did show probable cause. Glenn v...continue to full post

Full post as published by Fourth Amendment on January 28, 2011 (boomark / email).