Category Archives: Probable cause

E.D.Tex.: Officer who knew def’s LPN was expired didn’t have to look again before calling it in the next time he saw the car

The officer knew a week earlier that defendant’s LPN was expired. He saw defendant and called it in without looking, and it came back expired. That was still probable cause and justification for a stop, and looking again wasn’t required. … Continue reading

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W.D.Pa.: Four prior controlled buys and def’s arrival at location for another was PC

Officers had four controlled buys and defendants were arriving at a predetermined location for another one. That was probable cause. United States v. Boxley, 2019 U.S. Dist. LEXIS 214715 (W.D. Pa. Dec. 13, 2019).* Consent to search the premises was … Continue reading

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CA9: There was PC for the warrant for the premises, and officers were not unreasonable in continuing the search for an hour when they learned their target didn’t live there

Officers got a search warrant for a mobile home, and found out when they executed it that their target didn’t live there. The search warrant was based on informant hearsay that was reliable enough for the search warrant to issue. … Continue reading

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CA11: The lack of even arguable PC for ptf’s arrest denies the officer QI

This is a Fourth Amendment malicious prosecution claim. “The district court, upon a close analysis of the elements of the crimes alleged, determined that the facts proffered by Detective Brashears are insufficient to establish probable cause, or even arguable probable … Continue reading

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LA4: Def’s entering and leaving a drug house wasn’t RS on its own

“Turning to the facts of this case, we also find the officer’s observation of defendant entering and exiting a residence that was reasonably suspected as being used for narcotics transactions to be insufficient to support a reasonable suspicion of participation … Continue reading

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D.D.C.: Govt doesn’t show PC to connect defs to weapons to force DNA swabs

“A federal grand jury indicted Corry Blue Evans and various members of his family on multiple offenses including extortion, money laundering, and bank fraud. Pending before the Court is the government’s motion for an order to compel Corry Blue Evans … Continue reading

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D.Mont.: Using Western Union for money transfer creates no REP in WU’s records

Western Union’s production of money transfer records was a classic third-party record situation where there was no reasonable expectation of privacy. United States v. Escobedo, 2019 U.S. Dist. LEXIS 208067 (D. Mont. Dec. 2, 2019). Defendant’s inconsistent story about whether … Continue reading

Posted in Informant hearsay, Probable cause, Third Party Doctrine | Comments Off on D.Mont.: Using Western Union for money transfer creates no REP in WU’s records

OH5: Officer doesn’t need to be able to quote a statute in court to issue a ticket for violation of it

Even if the officer had an ulterior motive for defendant’s stop, it was based on probable cause of a traffic offense. The fact the officer couldn’t quote the statute in court doesn’t show that the stop was unreasonable or without … Continue reading

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E.D.Pa.: SW for CP here lacked all PC, and GFE doesn’t apply

Defendant was believed by the police to have been involved in sexual abuse of children, and he had strange eBay purchases and messages for used childrens’ underwear and pictures of children wearing them. The search warrant ultimately issued was for … Continue reading

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OR: Officer had subjective PC, but it wasn’t objectively reasonable on totality; suspicious, yes, PC, no

The officer subjectively had probable cause to believe defendant was in possession of drugs, but it was not objectively reasonable on the totality. “Applying those standards here, we conclude that, even when viewed through the lens of Haugen’s training and … Continue reading

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CA6: SW’s PC doesn’t even have to be decided if affidavit falls within “heartland” of GFE

The affidavit for this search warrant could have been more detailed, but it doesn’t necessarily show it to be weak. Nevertheless, the court doesn’t even have to decide probable cause because this case falls within the “heartland” of the good … Continue reading

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D.S.D.: Def’s claim at arrest that he was confused about the age of the person he was meeting was a trial question, not a PC question

There was probable cause for defendant’s arrest for attempted sex trafficking a minor. He said during his post-arrest interview that he was confused by the internet ad that he was responding to, but that doesn’t undermine probable cause. United States … Continue reading

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