Category Archives: Probable cause

E.D.Wis.: Clerical error in attaching wrong SW to affidavit where there were more than one for def could be corrected

A clerical error in attaching the wrong affidavit to multiple search warrants for defendant’s property could be read through and corrected. As to the probable cause, the affidavits showed it and the good faith exception would apply. United States v. … Continue reading

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OH11: Trial court’s order denying unsealing SW affidavit in post-conviction case wasn’t final and appealable

In a post-conviction case, the trial court’s order denying a motion to unseal a search warrant affidavit to facilitate his case was not a final appealable order. State v. Miller, 2020-Ohio-5383, 2020 Ohio App. LEXIS 4231 (11th Dist. Nov. 23, … Continue reading

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UT: When two grounds support an arrest, attacking only one means affirmance

“Devenpeck, along with Utah appellate law, is controlling here. Whether Officer possessed probable cause to arrest Sanchez for DUI is irrelevant. What is relevant is whether the objective circumstances—the ‘known facts,’ see Devenpeck, 543 U.S. at 153—provided probable cause for … Continue reading

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OH2: Inventory and tow of vehicle disabled in accident was reasonable under community caretaking function

Defendant’s vehicle was inventoried and then towed by Dayton PD because it was disabled after an accident blocking a busy intersection. There was no warning to defendant it was going to happen. It was within the community caretaking function of … Continue reading

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CA9: Officer opening car door and leaning inside was a search

“Because opening the car door and leaning into the car constituted an unlawful search under the Fourth Amendment, the panel considered what remedy is appropriate in this case. The panel held that the exclusionary rule applies to the loaded handgun … Continue reading

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S.D.N.Y.: Mental health detentions don’t require actual showing of dangerous behavior; probability enough

A mental health detention “requires only a ‘probability or substantial chance’ of dangerous behavior, not an actual showing of such behavior.’” … Probable cause for involuntary hospitalization may be established from ‘information gleaned from informants[,] … normally the putative victim … Continue reading

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CAAF: GFE doesn’t apply to SW wholly without PC

The service member was charged with child pornography offenses. “Appellant moved for an order in limine suppressing all evidence that the Government had found in Appellant’s home pursuant to a command authorization for search and seizure (CASS). The military judge … Continue reading

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OH12: Drug dog’s alert to residual odor of drugs is not a lack of PC

A drug dog’s alert to the residual odor of drugs isn’t a lack of probable cause. “Accordingly, the fact that Mox [the drug dog] could have alerted to a residual odor of drugs does not mean that there was not … Continue reading

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D.Neb.: PC for def’s vehicle leaving the scene of a shooting led to nexus to his house

“As explained, witnesses saw a dark colored vehicle speeding away from the scene of the May 27, 2020 shooting and at least two witnesses believe the vehicle was a Nissan. At the same time, police surveillance puts Defendant’s gray Nissan … Continue reading

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FL2: CP SW affidavit was conclusory

The search warrant for child pornography here failed to describe the image and was conclusory. In addition, the officer didn’t state anything about his training in the area to identify child pornography. Goesel v. State, 2020 Fla. App. LEXIS 15413 … Continue reading

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OH8: Smell of MJ justifies search of interior of car where it could be found

“Upon en banc consideration, we uphold the conclusion reached in Franklin, and reiterate that the heightened standard set forth in Farris does not apply to searches conducted within the passenger compartment of a vehicle. Consistent with the confines of Farris, … Continue reading

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N.D.Ill. issues a geofence warrant to Google

This geofence warrant is issued with probable cause and it is particular because it is so limited in time and scope. In re Search Warrant Application for Geofence Location Data Stored at Google Concerning an Arson Investigation, 2020 U.S. Dist. … Continue reading

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TX10: Texas’s art. 38.28 exclusionary rule instruction doesn’t apply to def’s own conduct

The ability to get an art. 38.23 exclusionary rule instruction for the jury depends on someone else’s wrongdoing, and not on the defendant’s own. It doesn’t apply to resisting arrest. Aguirre v. State, 2020 Tex. App. LEXIS 8524 (Tex. App. … Continue reading

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S.D.Tex.: Arrest was with PC, despite lack of state grand jury indictment

Defendant was charged with child pornography after his computer system password was linked to it. A state grand jury declined to indict him. He sued under § 1983 in state court, and it was removed to federal court. “Without providing … Continue reading

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CA8: Ptf stated a claim for false arrest and detention without PC

Plaintiff was arrested and detained for three weeks without probable cause. Taking his claims as true at this point, he stated a claim. Bell v. Neukirch, 2020 U.S. App. LEXIS 33920 (8th Cir. Oct. 28, 2020):

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S.D.Iowa: Def’s SnapChat posts provided PC to search his vehicle

Defendant’s public social media posts (here, SnapChat) about his drug activities provided probable cause to search his vehicle for drugs. United States v. Manuel, 2020 U.S. Dist. LEXIS 199261 (S.D. Iowa Oct. 21, 2020):

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