Category Archives: Probable cause

CA5: Detention on a “mental writ” was reasonable

“Holloway is a six-foot-six, former Mississippi State University offensive lineman who was in a car accident with a deputy near Hattiesburg in Lamar County, Mississippi.” Later, he was described as “formidable.” It turned out there was a “mental writ” issued … Continue reading

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SC: No specific facts showed PC that drugs would be found at def’s house; CoA reversed

“More to the point, the assertions in the affidavit in this case contain no specific facts showing any connection between drug-related activity and 120 River Street after February 2009. See Tench, 353 S.C. at 534, 579 S.E.2d at 316; Kinloch, … Continue reading

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E.D.La.: Not every detail needs be included in affidavit; omissions here only would bolster PC

Defendants had standing in packages shipped to them under assumed names. As to the affidavit: “In terms of any omissions, neither the omission of the statistics on the “profile,” nor the omission of information on the dogs’ reliability, warrants the … Continue reading

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D.P.R.: Officer’s testimony is just too convenient to be believed

In a remarkable opinion, the court finds the officer’s testimony just too convenient and, thus, incredible and suppresses the seizure by an alleged plain view. Also, the plain view required manipulation, and that’s not plain view. United States v. Mata-Peña, … Continue reading

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

FL1: Arrest for invited use of school track for exercise was without PC

Defendant was arrested without probable cause for using a school track for exercise. Despite a school no trespassing sign, there were signs inviting public use of the track and every school patron, neighbor, and police officer apparently knew it except … Continue reading

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TX11: Smell of MJ from car and def’s person justified search of both

The smell of marijuana coming from a car and then defendant’s person when he got out is probable cause to search both. Defendant said he smoked all the marijuana five hours before the stop. Then he was found chewing it, … Continue reading

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FL2: Cloud of smoke coming from a group gives PC as to no one person without more

“Simply put, the odor of marijuana emanating from a group cannot, by itself, form the basis of a lawful detention of any particular member of that group. Nor can the fact that each member of the group engulfed in ‘billowing … Continue reading

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W.D.Pa.: Mere shareholder in a business had no standing to challenge SW

As a mere shareholder in a business, defendant had no standing to challenge the search warrant of the property. At the time of the search, he had no personal interest in it. United States v. Taylor, 2017 U.S. Dist. LEXIS … Continue reading

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CA10: Handcuffing and jailing an inebriated man as “incapacitated” violated the 4A and no QI

Plaintiff showed up at a concert at the Xfinity Center in Boston inebriated, but not so drunk he didn’t know what he was doing. Security separated him from the incoming line into the hands of the defendant, an off-duty officer … Continue reading

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CA4: No QI for arrest w/o PC and pft held for 80 days; lack of PC was obvious

Plaintiff was held for 80 days on an arrest utterly without probable cause, and the officer has no qualified immunity. Smith v. Munday, 2017 U.S. App. LEXIS 1975 (4th Cir. Feb. 3, 2017):

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