Category Archives: Probable cause

ProPublica: Houston Police End Use of Drug Tests That Helped Produce Wrongful Convictions

ProPublica: Houston Police End Use of Drug Tests That Helped Produce Wrongful Convictions by Ryan Gabrielson: The cheap kits were often the sole evidence used to win guilty pleas, against the innocent as well the as guilty.

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CO: In this recreational MJ use state, a dog sniff is a “search,” and a positive alert isn’t PC a crime is occurring

Use of a drug dog on a car is a “search” in marijuana recreational use Colorado, and a dog alert which could be of either legal or illegal substances is not probable cause. People v. McKnight, 2017 COA 93, 2017 … Continue reading

Posted in Dog sniff, Probable cause, Search, State constitution | Comments Off

D.P.R.: No justification shown for search of def’s vehicle during a traffic stop

Defendant was ordered out of his vehicle during a traffic stop, but there were no grounds to search it, starting with a cigarette pack. Motion to suppress granted. United States v. Ramos-Rios, 2017 U.S. Dist. LEXIS 102516 (D. P.R. June … Continue reading

Posted in Apparent authority, Consent, Probable cause | Comments Off

N.D.Ga.: PC for search of def’s car didn’t dissipate just because another person came into the case

Defendant’s [creative] argument that the probable cause for search of defendant’s car dissipated when another person came into the equation is rejected. In fact, it appears contemplated. United States v. Henley, 2017 U.S. Dist. LEXIS 105138 (N.D. Ga. May 19, … Continue reading

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WI: Failure to call one officer was not IAC because it wouldn’t change the outcome of suppression hearing

The record supported that defendant consented to the search of his car. The IAC claim was denied because the failure to call one of the officers would not have changed the outcome. State v. Floyd, 2017 WI 78, 2017 Wisc. … Continue reading

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MA: No PC shown for text messages, but PC shown for CSLI information

The state could not show that defendant’s text messages would show his connection with a murder, so the text messages were properly suppressed. The ubiquity of cell phones, however, does provide probable cause to believe that it might show the … Continue reading

Posted in Cell phones, Cell site location information, Probable cause | Comments Off

OH2: Motion to suppress was vague and def didn’t clarify at hearing; appeal argument waived

The motion to suppress was vague, and defendant got a hearing. When the prosecutor complained about the vagueness and what the issues were, defense counsel didn’t elaborate. On appeal, the issues were more focused. The court of appeals takes this … Continue reading

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TX1: Smell of MJ in car not found didn’t support search of pockets

The smell of marijuana coming from defendant’s car, never found in a search of the car, didn’t justify a search of his person while he was handcuffed and sitting on the curb. Meane v. State, 2017 Tex. App. LEXIS 5976 … Continue reading

Posted in Consent, Plain view, feel, smell, Probable cause | Comments Off

PA can’t decide (tie vote) whether GFE permits use of product of a search where the underlying probable cause proves completely false

The Pennsylvania Supreme Court affirms on an equally divided vote whether suppression is required under the state constitution where the officer relied in good faith on an affidavit that turned out to be completely wrong. The opinion supporting affirmance notes … Continue reading

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LA2: Reasonable possibility respondent was father was enough to order DNA test in face of 4A objection

Respondent was the subject of a petition to establish paternity, and he claimed that the statute to order DNA testing required the Fourth Amendment be complied with. “Here, Rogers argues that in order to prove a reasonable possibility of paternity, … Continue reading

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