Category Archives: Probable cause

IN: Cell phone linked to murder by TM sent before; PC for search

Defendant’s cell phone was linked to the murder by a witness saying that the meet was set up by text messages and more. Banks v. State, 2024 Ind. App. LEXIS 66 (Mar. 15, 2024):

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D.R.I.: SW affidavit that failed to incorporate what it said it was failed to show PC and thus no GFE

The affidavit for warrant was supposed to incorporate by attaching other stuff. The officer swore to it, but the stuff wasn’t there. The good faith exception is denied because it remained bare bones. United States v. Medina, 2024 U.S. Dist. … Continue reading

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TN: Even if search occurred before SW issued, affidavit mentions nothing of it; thus independent source

Defendant claimed that his place was warrantlessly searched before the search warrant for it was issued. Doesn’t matter: The affidavit for the warrant shows probable cause and never mentions a prior search. State v. Quinn, 2024 Tenn. Crim. App. LEXIS … Continue reading

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D.N.M.: No GFE for a Franks violation

Defendant met his Franks burden and showed a false statement in the affidavit for search warrant that was material to the probable cause finding. The statement was from the chief to the affiant. Finally, there is no good faith exception … Continue reading

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W.D.N.C.: Def agreed to electronic monitoring as a condition of release

Defendant agreed to electronic monitoring as a condition of release, so it was admissible in evidence. United States v. Anthony, 2024 U.S. Dist. LEXIS 40422 (W.D.N.C. Mar. 6, 2024). Defendant’s improper lane change was seen in the rearview mirror, so … Continue reading

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OH5: Officer’s writing wrong statute number on ticket was a reasonable mistake of law

Defendant’s stop for a loud muffler was reasonable. His claim that it wasn’t loud on the bodycam is rejected. Another alleged offense cited the wrong statute. That’s a reasonable mistake of law. State v. Braucher, 2024-Ohio-811, 2024 Ohio App. LEXIS … Continue reading

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M.D.Pa.: Ordering driver out of car doesn’t extend it for Rodriguez purposes

Ordering the driver out of the car is incidental to the mission of the stop and doesn’t extend it for Rodriguez purpses. United States v. Brabham, 2024 U.S. Dist. LEXIS 36681 (M.D. Pa. Mar. 1, 2024). While the smell of … Continue reading

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D.Conn.: That accomplices communicated by text messaging justified SW for cell phone

This cell phone was with probable cause and was particular. “Here, the warrant affidavits clearly established probable cause to conclude that Sinisterra was involved in all three shootings described therein. He was implicated by two individuals who corroborated each other … Continue reading

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NY2: SW for def’s cell phone browser history lacked PC, but here it was harmless error

“The defendant correctly contends that the police search of his browsing history and URLs of his Blackberry cell phone was not authorized by the search warrant obtained by the police. ‘To establish probable cause, a search warrant must provide sufficient … Continue reading

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D.S.C.: Speeding stop justified even if dashcam video is inconclusive

The stop was justified: “In this case, although the dash cam footage is inconclusive of Officer Dudley’s visual estimate of speed, no evidence was put forth that cast doubt on Officer Dudley’s ability to estimate speed. Further, additional indicia of … Continue reading

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CA5: Burden on def to show smell of MJ in car was from lawful use

If one is claiming that prior use of marijuana in the car is lawful, thus defeating probable cause, the burden is on him or her. United States v. Goldsmith, 2024 U.S. App. LEXIS 4405 (5th Cir. Feb. 26, 2024).* [Except … Continue reading

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CA6: DEA SW for tableting machine lacked PC, but GFE exception saves search

“The facts of this case are undisputed. On October 20, 2021, Brett Dauphinais ordered a tableting machine, a device that retails for thousands of dollars and allows the user to make food or drug tablets. Tableting machines can be used … Continue reading

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E.D.N.Y.: Under Bruen, possibility def is licensed to carry in NYS defeats PC

Even under NYS’s firearm licensing scheme, mere possession of a firearm isn’t probable cause the person in possession is committing crime because he might be licensed. “The question before the court in this case is whether, after the Supreme Court’s … Continue reading

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OH4: Officer saying he had PC to search when he didn’t made search without consent

“We find that the detective did have reasonable suspicion to make an investigative stop of Stephenson’s vehicle based on the information provided by an informant. However, the detective lacked probable cause to search the vehicle and the purported ‘consent’ that … Continue reading

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CA7: Rodriguez time argument waived by failure to specifically plead it below

“At the outset, we note that Johnson did not challenge the length or validity of the dog sniff in the district court. The record therefore does not contain information crucial to the Rodriguez inquiry, such as whether Deputy Haber acted … Continue reading

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NY Queens: Even a stop for an apparent trivial traffic offense requires full constitutional analysis

When the police make what appears to be a trivial traffic stop, the court still has to make a proper analysis lest the court become a rubber stamp for the police. People v. Davis, 2024 NY Slip Op 24041, 2024 … Continue reading

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N.D.Ohio: Drug lab results from controlled buy not required for PC

The government had probable cause for the search warrant for defendant’s house despite the fact that the drugs previously bought from him hadn’t come back from testing at the crime lab. United States v. Clark, 2024 U.S. Dist. LEXIS 24651 … Continue reading

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D.Minn.: Neither PC nor RS required to look into a stopped vehicle’s windows

Neither probable cause nor reasonable suspicion required to look into a stopped vehicle’s windows. United States v. Walker, 2024 U.S. Dist. LEXIS 22075 (D. Minn. Feb. 8, 2024). Defendant’s social media account with pictures of him holding guns and recorded … Continue reading

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FL2: Suppression under Franks reversed; not material to PC

Defendant established that there were false statements in the affidavit for warrant that ran the full spectrum from negligence to likely intentionality. But probable cause remained, even excluding what was challenged. “While the temptation to advance the prophylactic purpose of … Continue reading

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S.D.Ill.: Odor of marijuana coming from a car is PC in this federal circuit even if it’s maybe not in state court anymore because of recreational use

The odor of marijuana coming from a car is probable cause in this circuit even if it’s maybe not be in state court anymore. United States v. Toney, 2024 U.S. Dist. LEXIS 20838 (S.D. Ill. Feb. 6, 2024). Qualified immunity … Continue reading

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