Category Archives: Probable cause

W.D.Ky.: Police responding to a panic alarm developed PC for a SW from MJ smell

Police responded to a panic alarm at defendant’s home. He was defensive and really didn’t want them around. They could smell burnt marijuana coming from the house. A sweep was conducted, and then the police obtained a search warrant. The … Continue reading

Posted in Emergency / exigency, Probable cause | Comments Off

M.D.La.: A couple of pills in the car not easily identifiable as controlled substances didn’t justify a search

Defendant’s frisk was justified by reasonable suspicion. The search of his person, however, was not justified: Some pills in the car that weren’t easily identified as controlled substances does not mean that defendant was committing a crime. United States v. … Continue reading

Posted in Ineffective assistance, Probable cause | Comments Off

IA: Passenger smelling of MJ not PC as to the whole car

Defendant’s car was parked at a gas station pump too long while one of them went for gas money. The police showed up, asked for IDs and found a warrant on the passenger. The passenger got out of the car, … Continue reading

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

CA5: Arrest w/o PC can be retaliatory for refusing to answer questions at stop w/o RS

Plaintiff claimed he was arrested, handcuffed, and shackled simply for refusing to give his name and answer questions when he was stopped in a hotel parking lot apparently solely because of the officer’s curiosity. [At least plaintiff so plead because … Continue reading

Posted in Probable cause, § 1983 / Bivens | Comments Off

S.D.Tex.: Use of software to scan a computer without looking at images to compare to NCMEC’s database not unreasonable even though some adult porn images slipped through to NCMEC

The used of specialized software to scan a hard drive for hash values of child pornography is reasonable. Defendant argued that at least one adult image of pornography had been uploaded to NCMEC’s database, but that doesn’t make every search … Continue reading

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E.D.Mich.: Driving somebody to a stash house isn’t probable cause for your house

The affidavit for the search warrant completely failed to show probable cause for defendant’s house. The fact he drove somebody to a stash house isn’t probable cause to believe he’s involved in the stash house and its drug trafficking organization. … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off

MA: Def was on pretrial GPS monitoring, and it can be used as evidence in another case

Defendant agreed to GPS monitoring as a condition of pretrial release in another case. Thus, his motion to suppress the monitoring is denied when he’s accused of a burglary, and the GPS puts him there. His argument was that he … Continue reading

Posted in GPS / Tracking Data, Probable cause | Comments Off

TN finally rejects Aguilar-Spinelli for Gates under state constitution

After rejecting Gates in 1989 and retaining Aguilar-Spinelli as a matter of state constitutional law, Tennessee finally adopts the totality of circumstances test of Gates. State v. Tuttle, 2017 Tenn. LEXIS 190 (April 5, 2017) (see Treatise § 6.36 n.4):

Posted in Probable cause, State constitution | Comments Off

D.Me.: When acting on smell of burning MJ, officer doesn’t have to determine whether def has an MMJ card to nullify PC

The smell of marijuana in a national park led to the ranger seeing defendant with a vaporizer smoking device and a stronger smell. This was probable cause, and probable cause doesn’t depend on the officer inquiring whether the defendant has … Continue reading

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

NY4: Testimony at trial can’t be used on appeal of a suppression issue

Even if defendant had standing, the search was justified by consent. “In contending that the resident did not give consent, defendant improperly relies on testimony of the resident of the home at the first trial, which ended in a hung … Continue reading

Posted in Probable cause, Standards of review | Comments Off