Category Archives: Probable cause

E.D.Mich.: It’s not prosecutorial misconduct to present evidence allegedly unlawfully seized to a GJ

It’s not prosecutorial misconduct to present evidence allegedly unlawfully seized to a grand jury. That was settled in Calandra in 1974. United States v. Boston, 2018 U.S. Dist. LEXIS 23751 (E.D. Mich. Feb. 14, 2018). “Accordingly, the court finds that … Continue reading

Posted in Exclusionary rule, Probable cause | Comments Off

S.D.Cal.: Cell phones tool of trade of border smugglers, too

“That drug smuggling operations use cell phones to contact each other, to give direction and instructions, that they use scouts and multiple vehicles to cross drugs, are all well-known strategies. [¶] It is also well-known that smugglers will buy cars … Continue reading

Posted in Cell phones, Probable cause | Comments Off

AR: State’s auto insurance database isn’t up to date, but missing insurance record is still PC for a stop

A computer check showed defendant’s vehicle insurance was cancelled, although the database was admittedly often not current with this warning: “The insurance information is provided by the Department of Finance and Administration. Valid insurance policies may exist that are not … Continue reading

Posted in Probable cause, Standing | Comments Off

CA6: SW for house where CP was created and sex trafficking occurred wasn’t stale after two months

Defendant was convicted of creating child pornography and sex trafficking minors. The search warrant was issued two months after the last act, but the list of acts (photography of CP; beatings) that occurred in defendant’s residence and the things sought … Continue reading

Posted in Probable cause, Staleness | Comments Off

DE: Def’s crossing the unmarked center of a highway for a couple of seconds wasn’t RS

“Here, Trooper Freeman testified that ‘the only basis for the stop’ was that Defendant veered into the left lane on a roadway that did not have solid lines. Speed was not a factor. Absent any testimony or video evidence concerning … Continue reading

Posted in Ineffective assistance, Probable cause, Reasonable suspicion | Comments Off

W.D.La.: No clear authority says a state court tracking warrant can’t track a car into another state; GFE applies

There is no authority shown that a state court tracking warrant on a vehicle could or could not track the vehicle into another state. Therefore, the good faith exception would apply. United States v. Taylor, 2018 U.S. Dist. LEXIS 17816 … Continue reading

Posted in Probable cause, Tracking warrant | Comments Off

ID: Hot pursuit onto curtilage led to abandonment of bag of meth

Defendant was speeding, and he was followed by the police. He failed to signal and turned into a long driveway that turned to unpaved, and the officer followed and defendant never slowed despite the police car having its lights on. … Continue reading

Posted in Abandonment, Curtilage, Good faith exception, Probable cause | Comments Off

CA7: Summary judgment for gov’t premature in case alleging frame up by crime lab analyst

Summary judgment was improperly granted for the government in a FTCA case that plaintiff was framed by knowingly false testimony from an arson lab analyst. Remanded. Bunch v. United States, 2018 U.S. App. LEXIS 2283 (7th Cir. Jan. 30, 2018). … Continue reading

Posted in Informant hearsay, Police misconduct, Probable cause | Comments Off

ND: Audio of def’s arrest shows he consented to the blood test

Defendant consented to the blood test. “At the suppression hearing the district court heard testimony from both Sergeant Stoltz and Montgomery as well as listened to the audio recording of the arrest. The district court noted an extended dialogue between … Continue reading

Posted in Consent, Drug or alcohol testing, Probable cause | Comments Off

CA9: Taking children from parents without exigency or court order violated 4A and right to family unity

When Arizona state social workers removed plaintiffs’ children from the home without judicial authorization and without a reasonable belief they were in danger or exigency, they violated plaintiffs’ rights to family unity and the Fourth Amendment. The right was clearly … Continue reading

Posted in § 1983 / Bivens, Probable cause, Qualified immunity | Comments Off

SCOTUS: QI immunity granted where there was arguable PC on the totality for arrests and no case in point saying there wasn’t

On the totality of circumstances, it was reasonable to infer probable cause to arrest plaintiffs for unlawful entry for being in an otherwise vacant building for a party. The actions of the partygoers suggested they knew they had no right … Continue reading

Posted in § 1983 / Bivens, Probable cause, Qualified immunity | Comments Off

D. Md.: Def’s 2255 supplemental Franks challenge has a failure of a proffer of evidence

Defendant had a Franks challenge and lost. One 2255 claim is that if defense counsel investigated more, it would have been a better Franks motion, but he fails to state what else would have been found to make it better. … Continue reading

Posted in Franks doctrine, Ineffective assistance, Probable cause | Comments Off