Category Archives: Probable cause

CA7: Entrapment defense isn’t relevant to whether controlled buy is PC; it’s a question for trial

Defendant’s assertion of entrapment in a controlled buy is a question for trial. It doesn’t negate the fact that the buy occurred and that probable cause exists. State v. Curtis, 2019-Ohio-499, 2019 Ohio App. LEXIS 514 (7th Dist. Jan. 25, … Continue reading

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Two controlled buys: one not done right, one good

The search warrant was based on a controlled buy, but the CI doing the buy was controlled enough to know that what was acquired came from defendant. Therefore, probable cause is lacking, and the good faith exception won’t be applied. … Continue reading

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E.D.Mich.: Affidavit’s misidentifying homeowner wasn’t material to the PC to search

Misidentifying the homeowner in the affidavit for the warrant isn’t material because a search warrant runs against the place and the evidence inside. “The identity of the supposedly-misidentified person is irrelevant to the finding of probable cause to search the … Continue reading

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M.D.Tenn.: PC shown for govt to photograph tattoos on def

“It was reasonable and prudent for Magistrate Judge Brown to issue the search warrant based upon Agent Daniel’s affidavit because that affidavit established at least a ‘fair probability’ that tattoos evidencing affiliation with the Gangster Disciples would be found on … Continue reading

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N.D.Okla.: “firearms are tangible objects of habitual retention” and that overcomes def’s staleness argument

“Officer Campbell averred that, based on her experience and training, she knows that firearms are tangible objects of habitual retention, and once a person acquires a firearm, he or she usually keeps said weapon for a long period of time.” … Continue reading

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CA6: Officers who went to hospital room get QI on whether there was a REP in the shared room

Officers who visited plaintiff in his hospital room he shared with another were sued for allegedly violating his reasonable expectation of privacy. There is no clear controlling authority, and the officers get qualified immunity [and the issue goes undecided]. Bonds … Continue reading

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D.Minn.: A narrative affidavit for SW is hardly “outrageous conduct” to seek to dismiss indictment

Obtaining a search warrant with a narrative affidavit, inter alia, is hardly outrageous governmental conduct warranting dismissal. United States v. Ortiz, 2019 U.S. Dist. LEXIS 17455 (D. Minn. Feb. 4, 2019).* Plaintiff’s excessive force claim against a probation search which … Continue reading

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AK: SW for tenant space led to search of computer in landlord’s apt, and that was without PC

Computers are entitled to the same sensitive Fourth Amendment analysis that cell phones got in Riley. Here, Pohland was an Assistant AG of Alaska involved in labor relations matters for the state. McRoberts and her husband were tenants of hers, … Continue reading

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E.D.Ky.: Disagreement with some of the facts of the alleged PC doesn’t undermine it; it might be relevant at trial

Defendant’s disagreement with some of the facts that led to his arrest didn’t undermine the probable cause and search incident. They may be relevant at trial, but probable cause still exists. United States v. Hawkins, 2019 U.S. Dist. LEXIS 12033 … Continue reading

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IN: Long term missing person report and house in disarray justified emergency entry

A missing person report which included no birthday call for the only time in the person’s life with a house in disarray here justified a warrantless entry into the house to see what was going on. The entry was valid … Continue reading

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E.D.Mich.: PC shown for records of the last number a murder victim called

Defendant’s cell phone number being the last number a murder victim called was at least a minimally sufficient basis for a search warrant for cell phone records to see who it was. It was also at least supported by the … Continue reading

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IN: Advice of Pirtle rights before search of safe under SW not required

Because officers did not ask defendant for the combination to his safe to search it under a warrant, he was not required to have the Indiana Pirtle advisement before they searched it. Brown v. State, 2019 Ind. App. LEXIS 14 … Continue reading

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