Category Archives: Probable cause

D.N.M.: When PC is based on an IP address, any computer or cell phone on the premises can be the subject of the SW

Any computer or cell phone on the premises can reasonably be believed to have connected to the internet. “Nevertheless, Ms. Laurezo does not cite to any authority that requires a search warrant based on an IP address being used to … Continue reading

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RI: IP address in CP case is PC for the premises

Rhode Island decides for the first time that IP information in a child pornography case is probable cause for the building at that location. Yes, it could be another person at that address, but that’s not the point. In re … Continue reading

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N.D.Iowa: Suppression hearing review isn’t de novo; it’s whether there is a substantial basis for finding PC

The district court’s duty at a suppression hearing is not de novo review of probable cause – it’s whether there is substantial evidence to support the conclusion of the issuing magistrate that there was probable cause. United States v. Mohring, … Continue reading

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CA8: Hotel staff photographed evidence of drug use in room which corroborated CI

The information in the search warrant application was sufficient to show a fair probability that contraband or evidence of a crime would be found in a hotel room registered to a known drug user who had recently tested positive for … Continue reading

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S.D.Fla.: Waving a gun at a crowd is PC for assault

Defendant’s waving a gun at a crowd was probable cause, and it was on video. United States v. Leonard, 2019 U.S. Dist. LEXIS 97917 (S.D. Fla. June 11, 2019).* “The defendants have not shown that Det. Miller was reckless or … Continue reading

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S.D.Ohio: SW for “firearms” is particular when target is a felon

When the target of a search is a convicted felon, a search warrant for stolen firearms doesn’t need to be specific as to their description because mere possession is a crime. United States v. Prigmore, 2019 U.S. Dist. LEXIS 96217 … Continue reading

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AK: Can’t argue one 4A theory to trial court and another to appellate court

In the trial court, defendant argued that the seizure of his clothing in a hospital room was not a valid plain view. On appeal, however, he argues that entry into the hospital room itself was unreasonable. One can’t change the … Continue reading

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N.D.Ind.: Not putting in affidavit after controlled buy that CI was searched doesn’t void the SW

The officer’s failure to include in the affidavit that the CI was searched before going in is a matter for the issuing judge to consider. “Here, the lack of information regarding the credibility of the purchasers as well as the … Continue reading

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CA9: Criminal history can be a consideration in the totality of PC

Defendant’s state parole search condition required no cause, and the search was valid. There also was probable cause on the totality, and criminal history was a valid consideration of probable cause, but not determinative. United States v. King, 2019 U.S. … Continue reading

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CA6: Officer’s looking in def’s cigarette box while asking for consent didn’t invalidate consent

On the totality, defendant voluntarily consented to the search of her home. There were officers there with body cameras, but the discussion about consent wasn’t captured. Other officers were looking through the house [maybe a protective sweep]. One officer, apparently … Continue reading

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TX: After Franks hearing that removed information from the affidavit, there is no heightened standard of PC

After removing false information after a Franks hearing, the standard of review of probable cause remains the same. There is no heightened standard of probable cause after Franks. Hyland v. State, 2019 Tex. Crim. App. LEXIS 542 (June 5, 2019). … Continue reading

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E.D.Cal.: Broad discovery in hopes of finding a Franks violation isn’t proper under Rule 16

Defendant doesn’t get broad discovery just to see whether a Franks claim might be able to be made. He needs to be more specific and not just fish around. United States v. Walker, 2019 U.S. Dist. LEXIS 92699 (E.D. Cal. … Continue reading

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