Category Archives: Probable cause

IN: A dog alert on a package wasn’t PC because it only proved the package could have been handled by somebody who might have used MJ legally

The state seized cash in a package for mailing for forfeiture and then sought to turn it over to the federal government. The owners sought to recover the cash. The court finds that the seizure of the cash was without … Continue reading

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N.D.Ga.: It’s reasonable to infer that def’s shipping firearms to Trinidad would have records in residence and on computers and cell phones there

Defendant was suspected of shipping firearms to Trinidad from Atlanta. “The nature of the criminal conduct in which Defendant was engaged, purchasing firearms for the unlawful export to Trinidad and involving utilizing third parties to make the unlawful firearms purchases … Continue reading

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DC Cir.: The mere fact a person has a cell phone isn’t PC to search it; must be PC evidence would be found

“Most of us nowadays carry a cell phone. And our phones frequently contain information chronicling our daily lives—where we go, whom we see, what we say to our friends, and the like. When a person is suspected of a crime, … Continue reading

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CA4: Inevitable discovery applies to def’s name

The district court did not err in finding the inevitable discovery doctrine applied where officers responded to an assault call and saw defendant, believed to be a felon, with a gun. It was inevitable that police would have lawfully discovered … Continue reading

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DE: Driving on wrong side of road, smell of alcohol, refusing breath test, failing FST adds up to PC

There was probable cause for taking defendant’s blood from driving on the wrong side of the highway, smelling of alcohol, refusing a breath test, and failing an FST. State v. Dopirak, 2017 Del. Super. LEXIS 358 (July 24, 2017). “Dearry … Continue reading

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WaPo: 10th Circuit grants narrow victory to family raided by a SWAT team over loose leaf tea

WaPo: 10th Circuit grants narrow victory to family raided by a SWAT team over loose leaf tea by Radley Balko. The case is Harte v. Bd. of Commissioners, 2017 U.S. App. LEXIS 13399 (10th Cir. July 25, 2017), over a … Continue reading

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D.Utah: Repeated flushing of toilet in a hotel room added to PC

“All of these facts, taken in their totality, support a finding of probable cause. There was a fair probability that the Defendant was present in room #209 based upon the informant’s tip indicating he was there, Defendant’s motorcycle found in … Continue reading

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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

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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

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