Category Archives: Probable cause

The Center Square: Illinois Supreme Court could decide if smell of marijuana is enough to justify police search

The Center Square: Illinois Supreme Court could decide if smell of marijuana is enough to justify police search by Greg Bishop:

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OH6: 3 controlled buys by 2 CIs was PC; no requirement of showing how they were arranged to happen

Three controlled buys by two CIs was probable cause. There was no showing required of how the drug deals were to be arranged. State v. Reed, 2020-Ohio-138, 2020 Ohio App. LEXIS 107 (6th Dist. Jan. 17, 2020).* There was probable … Continue reading

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VA: Search of speeder’s purse violated Gant and denied sovereign immunity

Plaintiff was arrested and in handcuffs in a police car for speeding. The officer searched her purse in the car, and all this was post-Gant and no evidence of speeding would be found in the purse. This was beyond mere … Continue reading

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CA8: Officer’s training and experience not needed in SW affidavit if it shows PC

The facts in the affidavit for images on defendant’s cell phone were enough for probable cause. The officer did not have to detail his training and experience in sex assault cases, too. The alleged Franks violation, even if it was, … Continue reading

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D.Minn.: The unusually talkative have no special right to be Mirandized

“Because the officers knew that he had a tendency to talk about the case, Williams-Bey argues, Officer Roddy should have given him his Miranda warnings, rather than entertaining his question. Again, Williams-Bey provides no legal authority to support this contention.” … Continue reading

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AL applies GFE to CSLI 2½ years before Carpenter

CSLI obtained by court order, but without showing probable cause, nearly three years before Carpenter was all in good faith. Watson v. State, 2020 Ala. Crim. App. LEXIS 4 (Jan. 10, 2020). Defendant’s ineffective assistance of counsel claim against counsel … Continue reading

Posted in Cell site location information, Good faith exception, Probable cause, Protective sweep | Comments Off on AL applies GFE to CSLI 2½ years before Carpenter

W.D.Ky.: Multiple cell phones in car in a cross-country drug run was PC to search the phones

Multiple cell phones in the car in a cross-country drug transportation enterprise was probable cause for searching the phones with a search warrant. “The Court finds that these facts, considered in the totality of the circumstances, provided the issuing magistrate … Continue reading

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injusticewatch.org: Illinois Supreme Court to decide whether smell of pot is grounds to search a car

injusticewatch.org: Illinois Supreme Court to decide whether smell of pot is grounds to search a car by John Seasly (“With marijuana now legal in Illinois, the state high court heard arguments Tuesday on whether the smell of marijuana grants police … Continue reading

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D.Nev.: Def’s motion to join codef’s motion to suppress requires showing of REP in joinder motion

Defendant’s motion to join a codefendant’s motion to suppress requires a showing of his reasonable expectation of privacy in the joinder motion. United States v. Palafox, 2020 U.S. Dist. LEXIS 3698 (D. Nev. Jan. 7, 2020). “[T]he affidavit includes facts … Continue reading

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M.D.Pa. Delay in searching cell phones wasn’t unreasonable because def was in jail out of possession anyway

The delay between seizing defendant’s cell phones and searching them wasn’t unreasonable considering he was in jail and would have had no access to them anyway. United States v. Carey, 2020 U.S. Dist. LEXIS 1150 (M.D. Pa. Jan. 6, 2020). … Continue reading

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D.Mass.: Attacking only GFE when court found both PC and GFE states no 2255 claim

The district court before conviction held that the search warrant was based on probable cause and the good faith exception would apply. In his 2255, defendant argues that defense counsel was ineffective for not better arguing the good faith exception. … Continue reading

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E.D.Tenn.: Dog sniff of car left parked on street was reasonable

The police used a dog to sniff around a car parked on the street that they believed belonged to defendant but defendant disavowed. No search warrant was needed. United States v. Davis, 2019 U.S. Dist. LEXIS 219490 (E.D. Tenn. Dec. … Continue reading

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