Category Archives: Probable cause

OH5: Child sexual assault victim’s story to the police led to SW for 2d grade teacher’s classroom for CP

Defendant was a second grade teacher convicted of gross sexual imposition on some of his female students too whom he also showed child pornography. One of them ratted him out to the police, and that resulted in a search warrant … Continue reading

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M.D.Pa.: Being a drug dealer by trade doesn’t mean one’s house is subject to search; a bit more required

Being a drug dealer by trade doesn’t mean one’s house is subject to search. It is, however, an inference that can be drawn along with other facts. United States v. Couvertier, 2017 U.S. Dist. LEXIS 40270 (M.D. Pa. March 21, … Continue reading

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DE: Heavy foot traffic between a house there is PC as to doesn’t make the other subject to search

Heavy foot traffic between two homes is not indicative of criminal activity even where there is plenty of probable cause as to one. The other home is not guilty by association. State v. Harding, 2017 Del. Super. LEXIS 113 (March … Continue reading

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S.D.Fla.: Pictures on def’s Instagram account corroborated CIs

Defendant’s Instagram pages allowed agents to see photographs of firearms and bottles of promethazine with codeine (“molly”) and marijuana. Defendant was already a suspected molly distributor with two prior cocaine convictions, and that substantially helped show probable cause for a … Continue reading

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W.D.Pa.: Telling def to stop moving his hands in a car wasn’t a seizure

Telling defendant to stop moving his hands around while he’s sitting in a car isn’t a “seizure.” When defendant complied, the officer who stopped him could see the corner of a baggie for drugs in plain view on the console, … Continue reading

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CA10: Considering info omitted from SW affidavit, there was still PC and outcome wouldn’t change

There was probable cause for plaintiff’s arrest based on a co-conspirators statement. Omitted information was considered by the district court on the probable cause question, and this court agrees it wouldn’t change anything. Claeys v. Mohr, 2017 U.S. App. LEXIS … Continue reading

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KS: Reclined seat here created inference of concealment of something; thus, PC

The officer saw a plastic baggie on the console with the corner torn off. Coupled with that, it was a reasonable inference that the passenger seat was reclined to conceal evidence. They added up to probable cause. State v. Howard, … Continue reading

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OH8: Taking pictures of sex with a minor with a cell phone supports SW for home computer for storage

The child victim’s claim that defendant used his cell phone to take pictures of the two of them having sex logically supported a search warrant for defendant’s computers in his house because of the ease with which images can be … Continue reading

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E.D.Mo.: Affiant officers in drug cases don’t have to be chemistry experts to state conclusions about drugs

The affiant officers stated conclusions about the chemistry of some of the drugs in the 24 search warrants issued in this case. The law doesn’t require they be chemistry majors, experts, or Walter White to state those conclusions when the … Continue reading

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CA5: Detention on a “mental writ” was reasonable

“Holloway is a six-foot-six, former Mississippi State University offensive lineman who was in a car accident with a deputy near Hattiesburg in Lamar County, Mississippi.” Later, he was described as “formidable.” It turned out there was a “mental writ” issued … Continue reading

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