Category Archives: Probable cause

Cal.4: Because CA recognizes recreational MJ, possession of a small amount on the person isn’t probable cause to search the car

Because of recreational marijuana in California, hardly any weight can be attached to possession of a small quantity on a person in a car. People v. Lee, 2019 Cal. App. LEXIS 964 (4th Dist. Oct. 3, 2019):

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PA: In a MMJ state, the smell of MJ can still be PC

“Over the past several years, nearly half of our Sister States and this Commonwealth have legalized medical marijuana. Some States have also repealed their prohibitions against recreational use; Pennsylvania has not. [¶] In this appeal, John Batista makes the novel … Continue reading

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TN: Belated writ of error coram nobis can’t be used in state court to challenge search that already was used in a federal case too to attempt to undo the federal case

Petitioner appears to be attempting to challenge his federal conviction in state court in a parallel criminal proceeding where the same search was used in both cases. He’s attempting to challenge the search in state court by writ of error … Continue reading

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D.P.R.: Colombia requesting U.S. telephone number so they could wiretap it didn’t make this a joint venture

The Colombian government requested a U.S. telephone number, and then they wiretapped it under their law. Later, they provided some information off the wiretap to the U.S. This was not sufficiently a joint venture to invoke the Fourth Amendment. United … Continue reading

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W.D.Ky.: “Both the issuing judge and the reviewing court should take a totality of the circumstances approach in their review of the affidavit, rather than scrutinize the affidavit line-by-line.”

“Both the issuing judge and the reviewing court should take a totality of the circumstances approach in their review of the affidavit, rather than scrutinize the affidavit line-by-line.” A generalized allegation of “errors” is insufficient to get a Franks hearing. … Continue reading

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W.D.Wis.: Officers had a reasonable belief under Payton def was on the premises for execution of an arrest warrant

Based on surveillance, officers had a reasonable belief, even probable cause, to believe that defendant was in the house when they came with an arrest warrant. United States v. Burgess, 2019 U.S. Dist. LEXIS 157755 (W.D. Wis. Aug. 12, 2019),* … Continue reading

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SD: There was reason for def’s stop, but no PC for search of the car

There was reason for defendant’s stop and reasonable suspicion developed from excessive nervousness and a masking agent, but there was no probable cause and exigency for a search of defendant’s car. State v. Terry, 2019 Del. Super. LEXIS 431 (Sept. … Continue reading

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S.D.N.Y.: Army CID did not violate Posse Comitatus Act by watching CP investigation at West Point

A West Point cadet was the target of a child pornography investigation. HSI investigated it, and the Army CID didn’t violate the Posse Comitatus Act in being there but not doing anything. Hester v. United States, 2019 U.S. Dist. LEXIS … Continue reading

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D.Nev.: Criminal history didn’t justify extending stop

Officers exceeded the bounds of the traffic stop because they heard defendant’s criminal history and then ordered him out of the car to seek consent to search without any reasonable suspicion. United States v. Coleman, 2019 U.S. Dist. LEXIS 152832 … Continue reading

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W.D.Ky.: PC for search and arrest may be the same

The probable cause for the search of defendant’s car also provided probable cause for his arrest. United States v. Bell, 2019 U.S. Dist. LEXIS 154275 (W.D. Ky. Aug. 2, 2019).* Defendant consented to a limited search of his computer and … Continue reading

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MD: Traffic enforcement saturation for seat belt stops wasn’t a checkpoint

A traffic enforcement saturation to stop people only without seat belts on was founded on reasonable suspicion and wasn’t a checkpoint. Johnson v. State, 2019 Md. App. LEXIS 783 (Sept. 9, 2019).* Defendant was stopped for a traffic offense, and … Continue reading

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N.D.Ala.: Officer doesn’t have to tell a motorist he smells MJ in the car

The officer recognized defendant as having an arrest warrant on him. When the stop occurred, the officer smelled marijuana and that justified a search of the car. The fact the officer didn’t mention to defendant that he smelled marijuana isn’t … Continue reading

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