Category Archives: Probable cause

OH2: PC for SW for flash drive for possible evidence was shown by prior allegation of recorded assault

The officer had reasonable suspicion to stop defendant for suspicion of sexual assault since he was leaving the house from where the report came at 2:30 am. A search warrant for a flash drive found in defendant’s backpack was reasonable … Continue reading

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CA6: Carpenter decided after notice of appeal didn’t apply to defendant

CSLI was admitted at trial without objection. Carpenter was decided after the notice of appeal. On plain error review, there is no error because the CSLI was lawfully obtained at the time and the good faith exception applies. United States … Continue reading

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CA1: MNT on newly discovered evidence search might be unreasonable needs to show that it would have changed outcome

Defendant filed a motion for new trial after his appeal based on a Giglio claim that certain information, which he is found to merely speculate about, would show that an illegal search occurred before he was indicted. His argument fails … Continue reading

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W.D.Tex.: Def’s warrantless arrest in a casino by tribal officers was without PC; warrantless search of his car in parking lot suppressed

Tribal officers at a casino near El Paso watched on surveillance video defendant touch a rifle in his car but not pull it out when he was being harassed on the parking lot. They had reasonable suspicion to encounter him … Continue reading

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D.S.C.: CI not sufficiently corroborated for PC for a vehicle search

Defendant was stopped for an alleged window tint violation, but the officer also relied on information from a CI from days before the stop that he thought was probable cause. The government had a dog sniff during the stop, but … Continue reading

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E.D.Ky.: The affidavit for a search warrant does not need to allege a specific statute was violated

The affidavit for a search warrant does not need to allege a specific statute was violated as long as the issuing magistrate can conclude that a criminal offense likely occurred. The facts alleged determine the scope of search. United States … Continue reading

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OR: Using cell phone while driving is PC for a stop

Pushing buttons on a cell phone while driving was probable cause for a stop. State v. Pham, 295 Ore. App. 322, 2018 Ore. App. LEXIS 1572 (Dec. 14, 2018).* Defendant questions a representation of the officer in the probable cause … Continue reading

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D.Mass.: Coded language on wiretap supported issuance of SW for house; inference of drug dealing was apparent

Evidence from the wiretap in coded language strongly supported the inference that defendant had drugs in his house. United States v. Flynn, 2018 U.S. Dist. LEXIS 209546 (D.Mass. Dec. 12, 2018).* Defendant was outside of his car walking away when … Continue reading

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W.D.Wash.: 4 month delay in producing evidence from iPod doesn’t warrant dismissal

The fact something was extracted from defendant’s iPod in April but not turned over to the defense until August isn’t a ground to dismiss. United States v. Taylor, 2018 U.S. Dist. LEXIS 206364 (W.D. Wash. Dec. 7, 2018). There was … Continue reading

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MA: Def’s clothes can be seized and searched for trace evidence on arrest for murder

When defendant was arrested for kidnapping and murder, exigent circumstances justified seizing and then searching defendant’s clothes for trace evidence of the crime. Commonwealth v. Parker, 2018 Mass. LEXIS 807 (Dec. 7, 2018). A dead body near defendant’s apartment with … Continue reading

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KS: Even with roadside Miranda violation, PC still exists under the 4A without the statement

Defendant’s statement at the side of the road was taken in violation of Miranda and should have been suppressed. This does not affect, however, the Fourth Amendment analysis of whether there was probable cause because there was without the statement. … Continue reading

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KY: License plate reader alert justified stop

A license plate reader told the officer that defendant’s car insurance needed to be verified because it was not on file, and that was a reasonable basis for the stop. Lynem v. Commonwealth, 2018 Ky. App. LEXIS 299 (Dec. 7, … Continue reading

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