Category Archives: Probable cause

E.D.Mich.: Undercover officers entering public areas of a strip club as customers not a search

First undercover officers and then other officers entered plaintiff’s strip club to investigate alleged misdeeds inside. No warrant was needed under Macon because the parts of the club entered by the officers were open to the customers. ABECE Operating v. … Continue reading

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CA9: PC for arrest in the 1A context: ptf street performer’s arrest was without probable cause

Plaintiff is a Las Vegas Strip street performer, and she was arrested for conducting business with another performer without a license. The district court erred by deciding that the officers had probable cause to arrest plaintiff despite the First Amendment … Continue reading

Posted in Probable cause, § 1983 / Bivens | Comments Off

E.D.La.: Louisiana’s broad standing rule doesn’t apply in federal prosecutions

Defendant lacked standing in his codefendant’s cell phone and motel room. Louisiana’s broad state standing law doesn’t apply in federal prosecutions. United States v. Daniels, 2017 U.S. Dist. LEXIS 76266 (E.D. La. May 5, 2017). Officers had justification for a … Continue reading

Posted in Conflict of laws, Probable cause | Comments Off

CA1: 82 minute stop was with RS

Reasonable suspicion developed from defendants’ stop to extend it for 82 minutes. United States v. Ramdihall, 2017 U.S. App. LEXIS 8727 (1st Cir. May 18, 2017).* Defendant was stopped by police after getting off Amtrak at Minot ND. A great … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off

D.Minn.: Delivery of meth to house in past was nexus

Nexus to the premises was shown by the observation of five pounds of methamphetamine being picked up there. United States v. Barron-Celis, 2017 U.S. Dist. LEXIS 73083 (D. Minn. April 4, 2017),* adopted, 2017 U.S. Dist. LEXIS 72250 (D. Minn. … Continue reading

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AR: Officer’s three week old knowledge of def’s suspended DL was RS for a stop

Reasonable suspicion doesn’t require certainty of facts. Here, the factual belief was that defendant’s DL had been suspended weeks earlier. Williams v. State, 2017 Ark. App. 291, 2017 Ark. App. LEXIS 301 (May 10, 2017). There was enough probable cause … Continue reading

Posted in Good faith exception, Probable cause, Reasonable suspicion | Comments Off

GA: Smell of MJ on def’s person and not in his truck justified search of person

During a traffic stop, the officer noticed that defendant’s eyes were bloodshot and glassy, and his taste buds were white and risen. The officer smelled raw marijuana when he approached defendant’s truck; noticed that the odor dissipated during the search … Continue reading

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E.D.Pa.: Gun on person was in plain view during struggle with officer

The gun on defendant’s person was in plain view during the defendant’s struggle with the officer. United States v. Cann, 2017 U.S. Dist. LEXIS 68028 (E.D. Pa. May 3, 2017).* A witness claimed defendant was viewing child pornography on his … Continue reading

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

NJ: Trial court was clearly erroneous in finding apartment was abandoned

The apartment was clearly not abandoned, and the trial court’s finding that it was was clearly erroneous. It had furniture and other stuff in it showing occupancy, and the officers never asked the landlord whether it was unoccupied. The trial … Continue reading

Posted in Abandonment, Probable cause | Comments Off

IL: Arrest of driver would not make passengers think they were free to leave; continuation of stop was with RS

Passengers would not think they were free to leave based on the arrest and handcuffing of defendant driver. The continuation of the stop, however, was with reasonable suspicion because of furtive movements. People v. Veal, 2017 IL App (1st) 150500, … Continue reading

Posted in Probable cause, Probation / Parole search, Reasonable suspicion, Seizure | Comments Off