Category Archives: Probable cause

VT: Smell of mj and surrender of a small amount in recreational mj state wasn’t PC

There wasn’t probable cause under the state constitution to seize defendant’s vehicle because the tip was too vague and general even if it satisfied the state rules and properly identified the driver, his smoking, and the presence of air fresheners … Continue reading

Posted in Probable cause | Comments Off on VT: Smell of mj and surrender of a small amount in recreational mj state wasn’t PC

CA10: The fact an officer can’t specify the offense doesn’t nullify the PC

“A warrantless arrest by a law officer is reasonable under the Fourth Amendment where there is probable cause to believe that a criminal offense has been or is being committed,” even if the officer cannot point out the specific statute … Continue reading

Posted in Probable cause | Comments Off on CA10: The fact an officer can’t specify the offense doesn’t nullify the PC

S.D.Ohio: No REP in nonlegal mail sent from jail where witness tampering was suspected

Defendant had no reasonable expectation of privacy in nonlegal mail sent from jail where he was suspected of tampering with witnesses (collecting cases). The policy was already well established (if that matters). United States v. Chivers, 2020 U.S. Dist. LEXIS … Continue reading

Posted in Good faith exception, Prison and jail searches, Probable cause, Standards of review | Comments Off on S.D.Ohio: No REP in nonlegal mail sent from jail where witness tampering was suspected

CA4: Even if Rule 41 was violated by not leaving application for SW at scene it wasn’t prejudicial or intentional

“Here, the district court credited Agent Hayes’ testimony that he left a copy of the face of the warrant and an inventory of the items seized in the search, see Fed. R. Crim. P. 41(f)(1)(C), but that he did not … Continue reading

Posted in F.R.Crim.P. 41, Probable cause, Warrant execution | Comments Off on CA4: Even if Rule 41 was violated by not leaving application for SW at scene it wasn’t prejudicial or intentional

DE: Officer’s signing SW affidavit with “Tpr. Santangelo #1826.” showed he was reasonably experienced

Defendant argued that the DUI search warrant lacked probable cause because the officer didn’t specify his training in the affidavit. “The search warrant affidavit is signed ‘Tpr. Santangelo #1826.’ This information allowed the issuing magistrate to reasonably infer that Santangelo … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off on DE: Officer’s signing SW affidavit with “Tpr. Santangelo #1826.” showed he was reasonably experienced

E.D.Va.: MJ in def’s car doesn’t, ipso facto, translate into PC he has drugs at his house nearby; GFE can’t apply

Defendant was stopped for failing to stop at a stop sign. When officers approached the car, “Officer Torrez saw a partially open bag, in plain view on the floor board, containing marijuana. This also provided the officers with probable cause … Continue reading

Posted in Good faith exception, Nexus, Probable cause | Comments Off on E.D.Va.: MJ in def’s car doesn’t, ipso facto, translate into PC he has drugs at his house nearby; GFE can’t apply

IL: Even if def had a MMJ card, there was PC because loose bud showed it wasn’t in its container

Even if the officer presumed defendant was in legal possession of cannabis pursuant to Illinois MMJ Act, the facts established probable cause that evidence of a crime was in the vehicle. The officer saw a loose “bud” in the backseat … Continue reading

Posted in Good faith exception, Probable cause, Search incident | Comments Off on IL: Even if def had a MMJ card, there was PC because loose bud showed it wasn’t in its container

IN: Person merely visiting during PO visit couldn’t be arrested when drugs found in common area; no showing of constructive possession

POs entered an apartment for a visit, and defendant visitor, not the one under supervision, was in the room with others where drugs were found. Under constructive possession rules, there was no probable cause to even arrest him so his … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off on IN: Person merely visiting during PO visit couldn’t be arrested when drugs found in common area; no showing of constructive possession

IA: Detention “a few blocks” from the place of the search is too far under Summers

“Law enforcement officers executing a search warrant are permitted to detain the occupants or those in the immediate vicinity of the premises while a proper search is conducted. See Michigan v. Summers, 452 U.S. 692, 701-04, 101 S. Ct. 2587, … Continue reading

Posted in Probable cause, Seizure | Comments Off on IA: Detention “a few blocks” from the place of the search is too far under Summers

FL3: No PC for arrest of person closest to the drugs without knowing his relation to the property

There was no probable cause to arrest defendant just because he was the one nearest to the drugs when the police came in. There was no consideration of his relationship to the premises in the face of the law of … Continue reading

Posted in Arrest or entry on arrest, Probable cause | Comments Off on FL3: No PC for arrest of person closest to the drugs without knowing his relation to the property

CA2: Eyewitness report and identification of ptf was probable cause for arrest

Eyewitness report and identification was probable cause for arrest, so summary judgment was proper for the officer. Tortora v. City of New York, 2020 U.S. App. LEXIS 8135 (2d Cir. Mar. 12, 2020).* The court credits the officers’ testimony that … Continue reading

Posted in Arrest or entry on arrest, Cell site location information, Ineffective assistance, Probable cause, Reasonable suspicion | Comments Off on CA2: Eyewitness report and identification of ptf was probable cause for arrest

D.N.M.: Search of camper being lived in parked on the street in violation of ordinance was inevitable

The question of standing and alleged illegal search of defendant’s camper were moot. The camper was parked on an Albuquerque city street where it’s illegal to live in a camper. Given those facts, the camper would have otherwise been inventoried, … Continue reading

Posted in Inevitable discovery, Plain view, feel, smell, Probable cause | Comments Off on D.N.M.: Search of camper being lived in parked on the street in violation of ordinance was inevitable