Category Archives: Probable cause

MA: When seizing digital devices under SW, looking at camera pictures didn’t require exclusion where not mentioned in SW for camera

During a search of defendant’s house under a warrant that included seizing digital devices, the officer turned on a camera and scrolled through the pictures. When the warrant was sought for the camera, no mention was made, and inevitable discovery … Continue reading

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NM: Stop for mere curiosity to run name was unreasonable stop under Strieff

Stopping defendant for mere curiosity to get his name and then run warrants was an unreasonable stop. When a warrant came up, it wasn’t attenuated under Strieff. “Here, Officer Hernandez testified that it was his practice when working the night … Continue reading

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S.D.Ohio: Collective knowledge applies to traffic stops

The collective knowledge doctrine applies to traffic stops. United States v. Murray, 2020 U.S. Dist. LEXIS 111040 (S.D. Ohio June 24, 2020). “Applying this [deferential] standard of review to the warrant application, the Court has reviewed the application and finds … Continue reading

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Cal.1: Despite the pandemic, arrestees are entitled to a prompt judicial determination of PC

Despite the pandemic and court closures, arrestees are entitled to a prompt judicial determination of probable cause under Gerstein. Bullock v. Superior Court, 2020 Cal. App. LEXIS 575 (1st Dist. June 24, 2020). During a search of defendant’s house under … Continue reading

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CA10: Flight from a stop permitted officer to chase def onto his property without a SW

“Officer Estrada’s reasonable suspicion ripened into probable cause when Shelton attempted to flee, thus giving rise to the exigent circumstances necessary for Officer Estrada to pursue Shelton onto the property without a warrant.” United States v. Shelton, 2020 U.S. App. … Continue reading

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D.Colo.: Resisting a stop without RS is PC

Even if the stop was without reasonable suspicion, defendant’s resisting the officer was a separate crime that justifies with probable cause. United States v. Kazadi, 2020 U.S. Dist. LEXIS 109060 (D. Colo. June 22, 2020). Defendant’s stop on a country … Continue reading

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D.Mont.: Drug dog’s reliability doesn’t need to be shown in SW application

A search warrant application does not have to support the reliability of a drug dog used to establish the probable cause under Harris. The remedy is a motion to suppress. “As this Court reads it, Harris is a reiteration of … Continue reading

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D.Nev.: Lack of officer reports of facts for PC to arrest goes only to their credibility, but they still were

There was ample probable cause for defendants’ arrest and stopping their car to do it despite the lack of reports. That goes to credibility, and the court finds it wanting. United States v. Davis, 2020 U.S. Dist. LEXIS 105973 (D. … Continue reading

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Cal.3: Odor coming from a car and a baggie of MJ isn’t PC of a crime in a recreational MJ state

Because of legalization of recreational marijuana in California: “In summary, the facts in this case comprised of a parked car missing a registration tag and having an expired registration, the odor of marijuana emanating from the car, the observation of … Continue reading

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D.Minn.: Def’s efforts to cast innocent explanation to the facts articulated by the officer don’t undermine PC

While it is certainly possible the officer likely had a subjective intent to search, “‘[s]ubjective intentions play no role in ordinary, probable-cause Fourth Amendment analysis.’ Whren v. United States, 517 U.S. 806, 813 (1996). A showing that a police officer … Continue reading

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CA2: Even if SW was issued without PC, GFE clearly applies

“Brennerman challenges the lawfulness of the search warrant of his Las Vegas apartment. Even assuming, for the sake of argument only, that the search warrant was unlawful, we conclude that the good faith exception to the Fourth Amendment’s exclusionary rule … Continue reading

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TN: Issue of issuing magistrate’s jurisdiction moot by automobile exception

Defendant’s dispute over whether the judge issuing the search warrant had jurisdiction over the vehicle from which DNA was taken because it was located in a different county is moot. The officers had probable cause in investigating a bloody homicide, … Continue reading

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W.D.Tenn.: Affidavit was conclusory as to drugs at drug dealer’s home [but it’s easy to fix next time]

The affidavit for search warrant failed to show nexus between defendant’s alleged drug dealing a month earlier and his residence. “The only information included in the affidavit to support this conclusory belief is the fact that Defendant, who happens to … Continue reading

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CA10: Unappealed suppression order from one district collateral estoppel on reindictment on same facts in a different district

Defendant was indicted for child pornography, and the district court suppressed. The government appealed but dismissed the appeal without filing a brief. In the district court it dismissed the indictment. Later, on the same evidence from the same search warrant, … Continue reading

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NM: What was intended for SW and what it says are two different things

The search warrant request for plaintiff’s person and vehicle resulted only in a warrant for the vehicle. What the defendant officer intended doesn’t count in the face of the clear warrant. A forced rectal search and x-ray at a hospital … Continue reading

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NE: Typographical error on date in SW application can be overlooked if apparent it’s wrong

A typographical error in the date of the application for search warrant could be overlooked where the actual date can be determined from the whole. State v. Benson, 305 Neb. 949 (May 29, 2020). Defendant moved to suppress his DNA … Continue reading

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