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United States v. Collins,
No. 04-50065 (9th Cir., October 28, 2005): Solid winner on old-fashioned grounds: the federal agents (Secret Service) did not have probable cause to arrest Collins just because he associated with criminals. BONUS: the opinion uses the word "propinquity" meaning proximity or nearness.
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Jenkins v. Currier, et al.,
No. 07-6113 (10th Cir., January 23, 2008) (Published): Arrest: This case is not a criminal case per se, but it is an interesting civil rights case brought by a prisoner pursuant to 42 U.S.C. 1983. Jenkins pled guilty in 2003 to two drug counts in Oklahoma state courts, which were ordered to be served concurrently with his then-existing federal sentence. However, in May, 2004, when Jenkins served his federal time, he was erroneously released to the street rather than being transferred to the custody of the state. Oklahoma officials apparently figured out that he was supposed to be serving state time and in February, 2005, Jenkins was arrested and taken into custody without a warrant or any type of hearing at all. He was never taken before a judge or given any sort of opportunity to be heard before simply being taken to LARC for processing. Jenkins filed suit claiming that his Fourth Amendment rights were violated by the way in which he was arrested. The District Court dismissed the complaint and the Circuit panel affirmed, likening his arrest to that of a parolee or escapee. Notably, Jenkins did not allege any other sort of circumstances that would render his arrest unreasonable (e.g., like contesting his identity, intrusion into his home, etc.)
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United States v. Valentine,
No. 06-5648 (August 5, 2008): Arrest: Old-fashioned winner based upon lack of probable cause to arrest. Agents had Valentine under surveillance for a drug deal, and tried to make a FedEx delivery of drugs which failed, and really just had Valentine hanging around other guys who were under surveillance.
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