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CA11: Rule 4 governs federal arrest, not state law

By John Wesley Hall, Jr.

Fed. R. Crim. P. 4(c)(3)(A), not state law, controlled as to the arrest, and the officer did not have to have the arrest warrant in hand or nearby. The finding that the officer's testimony of a clerical error on the return of service of the search warrant was credible was entitled to deference and a clerical error did not invalidate the search. Because the officer discovered an active outstanding arrest warrant and executed it while it was still valid, the officer's subjective intent was irrelevant. United States v. Bembry, 2009 U.S. App. LEXIS 6486 (11th Cir. March 24, 2009)* (unpublished). Trial court's credibility determination of consent was affirmed. Defendant did not even remember signing consent form, but he admitted that his signature was on it...continue to full post

Full post as published by Fourth Amendment on April 03, 2009 (boomark / email).