Category Archives: Probable cause

E.D.Mich.: Listing inventory on police report and not inventory sheet not unreasonable

“Therefore, the officers’ decision to list the items recovered during the inventory search in the Incident Report and not on the Impound Report does not invalidate the inventory search.” United States v. Morris, 2021 U.S. Dist. LEXIS 182946 (E.D.Mich. Sept. … Continue reading

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OR: Dog sniff during traffic stop lacked any RS

“Here, officers deployed a drug-detection dog during a traffic stop for failing to signal continuously for at least 100 feet before turning-without articulating any independent constitutional justification. Moreover, the state has not identified any theory or pointed us to any … Continue reading

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E.D.Wis.: Def had no REP in sister’s bedroom

Defendant had no reasonable expectation of privacy to contest the search of his sister’s bedroom. United States v. Slater, 2021 U.S. Dist. LEXIS 180673 (E.D.Wis. Sept. 22, 2021). There was probable cause for search of defendant’s car, and the opportunity … Continue reading

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S.D.Cal.: NCIS obtained def’s phone passcode by 4A violation

NCIS obtained defendant’s passcode for his iPhone 6 by a Fourth Amendment violation by seeking to see him enter it when he was consciously trying to avoid them seeing it. Inevitable discovery also does not apply. United States v. Booker, … Continue reading

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CA1: Collective knowledge isn’t required of all officers, just those involved

Collective knowledge is not required of all the officers involved in the case, just the one with knowledge telling the one making the stop. Here there was reasonable suspicion for the stop. United States v. Cruz-Rivera, 19-1465 & 19-1509 (1st … Continue reading

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IN: With three people in the vehicle faint smell of MJ wasn’t as to this def

Some smell of marijuana in car with three people didn’t establish probable cause without the officer being able to say it came from defendant’s person. I.G. v. State, 21A-JV-479 (Ind. App. Sept. 10, 2021). Defendant ran from a fight in … Continue reading

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DE: Officer’s vague and untimely ID of MJ wasn’t PC here

Officer’s vague and untimely identification of the odor of marijuana was not probable cause in itself on the totality of these circumstances. Juliano v. State, 320, 2019 (Del. Sept. 10, 2021):

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IN: Training of smell of MJ enough for PC

The distinctive smell of marijuana is enough for probable cause, and the officer’s training is enough to tell it. Bunnell v. State, 2021 Ind. LEXIS 545 (Sept. 2, 2021):

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CA11: RS included talking on phone during stop when repeatedly told to hang up

Defendant’s excessive nervousness, denial that some of the contents of the car were even his, and repeatedly talking on the phone with someone the officer suspected was coaching him what to do and say even after being repeatedly told to … Continue reading

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TN: “Highly likely” information is sufficient for PC

The provider of the IP address could not tell police for certain that defendant had the particular IP address at the particular time sought, but they could opine it was highly likely. That’s certainly enough for probable cause. Defendant’s certified … Continue reading

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IL: Def’s personal relationship to premises to be searched is relevant and has to be viewed in the context of the totality

Nexus for the premises was shown in the search warrant affidavit. Defendant’s personal relationship to the premises is relevant and has to be evaluated in context of the totality. On sufficiency of the evidence, however, defendant’s conviction is reversed for … Continue reading

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NY4: Smell of PCP alone is PC

“New York is no outlier on this issue. Indeed, as far as we can discern, every single court in the United States to ever consider this precise issue has come to the same conclusion as Darby and Sanchez: a trained … Continue reading

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N.D.Ohio: Smell of MJ on def’s person not PC to search his car

The officer had no suspicions of defendant before drawing his gun on him. The smell of marijuana on defendant’s person, but not his car, was not probable cause for a search of the car. The officer testified he was quite … Continue reading

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IL: State showed reasonable belief in common authority for consent

The state established reasonable belief in common authority of defendant’s wife over his micro-SD card where there was child pornography. To rebut the state’s consent case, defendant would have to show that she actually had limited authority over the card, … Continue reading

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E.D.N.Y.: Def already lawfully arrested suffered no separate 4A violation by being taken to ATF, too

Defendant already lawfully arrested wasn’t unreasonably seized by also taking him to ATF for further questioning. United States v. Rodriguez, 2021 U.S. Dist. LEXIS 158008 (E.D.N.Y. Aug. 20, 2021). The affidavit showed “ample probable cause” and the Franks challenge is … Continue reading

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ND: Search of passenger’s person for smell of MJ in car was unreasonable

Defendant’s patdown as a passenger on smell of marijuana was reasonable during the stop, but a search of his person was not. There was no justification for a search of his person. State v. K.V. (In the Interest of K.V.), … Continue reading

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CA7: Franks issue moot by other PC

A warrant wasn’t needed to seize a cell phone, but one was to search it, and they had one. Attacking the CI’s credibility fails as an issue, Franks or otherwise, because there is other probable cause for the warrant. United … Continue reading

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TX9: Court clerk can swear officer for SW application

The affidavit for search warrant does not have to be sworn to before the issuing magistrate under Texas law. A clerk will do. Fender v. State, 2021 Tex. App. LEXIS 6605 (Tex. App. – Beaumont Aug. 9, 2021). No reasonable … Continue reading

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CA8: Three controlled buys via cell phone was PC for wiretap

Nexus and probable cause for a cell phone wiretap is the same standard as under the Fourth Amendment. “The CS performed three controlled buys by communicating with the cellphone number that was wiretapped. Further, the CS identified the number as … Continue reading

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S.D.Ind.: Blood in car transporting shooting victim to ER justified SW for it

Defendant was driven to an ER after 2 am for having been shot. Out in the ER parking was the car with blood and guns in it. A state judge issued a search warrant for the car, and that resulted … Continue reading

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