Author Archives: Hall

W.D.Mo.: Reaching in def’s car to turn it off wasn’t a search, and plain view of a gun proper

Defendant’s stop was reasonable because the LPN didn’t match the vehicle. His reaching in the car to turn off the ignition was not a search. “As Officer Jenkins was backing out of the vehicle, she looked down and saw what … Continue reading

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PA: Blocking def’s vehicle showed he wasn’t free to leave, and it lacked RS

“Having determined that Officer Byrne effectuated an investigatory detention upon pulling behind Appellant’s vehicle, and that such detention was not supported by a reasonable suspicion that criminal activity was afoot nor excused from constitutional warrant requirements by the public servant … Continue reading

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E.D.Mich.: Affidavit’s misidentifying homeowner wasn’t material to the PC to search

Misidentifying the homeowner in the affidavit for the warrant isn’t material because a search warrant runs against the place and the evidence inside. “The identity of the supposedly-misidentified person is irrelevant to the finding of probable cause to search the … Continue reading

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CA11: PC showing in SW affidavit but “we cannot say that the officer’s reliance on the warrant was unreasonable.”

The affidavit for the search warrant didn’t clearly identify defendant as connected to the property or that there was drug trafficking just from the trash pulls, but it showed that there was drug activity. The court cannot say, however, that … Continue reading

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OR: Def ordered from car left purse inside, and it was subject to inventory when car towed

Defendant was ordered out of the car, and she left her purse inside. Her purse was legitimately subjected to the inventory since it was left in the car. State v. Fulmer, 296 Ore. App. 61, 2019 Ore. App. LEXIS 190 … Continue reading

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M.D.Tenn.: PC shown for govt to photograph tattoos on def

“It was reasonable and prudent for Magistrate Judge Brown to issue the search warrant based upon Agent Daniel’s affidavit because that affidavit established at least a ‘fair probability’ that tattoos evidencing affiliation with the Gangster Disciples would be found on … Continue reading

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CA4: 31 day delay in getting SW for cell phone was unreasonable

The government’s 31 day delay in getting a search warrant for defendant’s cell phone after its seizure was unreasonable and required suppression of the alleged child pornography on the phone. Because defendant was sentenced to life, the error was not … Continue reading

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CA5: Tapping a vehicle tire was a trespass but with RS and was reasonable on the totality

The tapping of a suspicious looking tire on a truck was a trespass under Jones and other cases, but the court finds it was with reasonable suspicion and reasonable on the totality. The tapping of the tire revealed that it … Continue reading

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N.D.Cal.: No RS for stop for alleged street deals based on CI

The officers’ claimed reasonable suspicion of street drug deals in San Francisco’s Tenderloin District just doesn’t add up to it on the totality of circumstances. The CI wasn’t adequately corroborated. The stop and frisk fails. United States v. Castaneda, 2019 … Continue reading

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CA8: Lesser intrusive measures to inventory not constitutionally required

The inventory was appropriately conducted within the policy of the department. Defendant had no constitutional right to have somebody come to pick up the car before inventory. The police could do that if convenient, but they weren’t required to do … Continue reading

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CA11: § 1983 malicious prosecution claim defeated by PC even though exonerating information omitted from arrest affidavit

Plaintiff police officers’ false arrest claim fails on qualified immunity. Even though allegedly exonerating information was omitted from the arrest affidavits, and the criminal case was dropped by the state’s attorney, it wasn’t enough to undermine the probable cause that … Continue reading

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KS: Inadequate findings and conclusions must be brought to trial court’s attention before appeal

Defendant should have objected to the adequacy of findings of fact and conclusions of law on his search issue in the trial court first. “Without such an objection, this court must presume the district court found all the facts needed … Continue reading

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