Unreasonable searches/seizures cases

Question 1

DC v. Wesby (2018)

Holding, Issue

Answer 1

• Issue: Whether there was sufficient probable cause to arrest these individuals for unlawful entry
• Holding:
  1. there was sufficient probable cause to support the arrests
  2. Under the totality of the circumstances, a reasonable police officer could disbelieve the claim of innocent entry and infer that they knew or should have known that they did not have permission to be in the house.

Peaches case (house party, trespassing, not peaches home)

Question 2

DC v. Wesby (2018)

basis for arrest (standard), probable cause knew or should have knew

Answer 2

• Basis for arrest: unlawful entry (standard they knew or should have knew)
• What’s the probable cause they knew or shuld have known?
  1. Condition of the house and the conduct of the partygoers
  2. Partygoers reaction to the officers
  3. Untruthful and evasive answers

Peaches case (house party, trespassing, not peaches home)