Category Archives: Probable cause

OH4: In applying GFE, court isn’t bound by the “four corners” rule because Leon requires “all the circumstances” be considered

The affidavit for search warrant was lacking probable cause, but it wasn’t “so lacking” that the good faith exception did not apply. Also, the “four corners” rule doesn’t bar a trial court from considering “all the circumstances” in deciding whether … Continue reading

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D.Minn.: A court order doesn’t have to be called a “search warrant” to be one; CSLI order issued with PC

The CSLI order in this case was based on probable cause. It didn’t say “search warrant,” but it doesn’t have to to be one. In any event, the good faith exception was satisfied. United States v. Stachowiak, 2019 U.S. Dist. … Continue reading

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MA: SW in ongoing criminal enterprise was based on “powerful evidence”

“A Superior Court judge erred in granting a criminal defendant’s pretrial motion to suppress evidence seized by police from the defendant’s home and place of business, where the affidavit in support of the search warrants contained sufficient information to justify … Continue reading

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D.N.M.: When PC is based on an IP address, any computer or cell phone on the premises can be the subject of the SW

Any computer or cell phone on the premises can reasonably be believed to have connected to the internet. “Nevertheless, Ms. Laurezo does not cite to any authority that requires a search warrant based on an IP address being used to … Continue reading

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RI: IP address in CP case is PC for the premises

Rhode Island decides for the first time that IP information in a child pornography case is probable cause for the building at that location. Yes, it could be another person at that address, but that’s not the point. In re … Continue reading

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N.D.Iowa: Suppression hearing review isn’t de novo; it’s whether there is a substantial basis for finding PC

The district court’s duty at a suppression hearing is not de novo review of probable cause – it’s whether there is substantial evidence to support the conclusion of the issuing magistrate that there was probable cause. United States v. Mohring, … Continue reading

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CA8: Hotel staff photographed evidence of drug use in room which corroborated CI

The information in the search warrant application was sufficient to show a fair probability that contraband or evidence of a crime would be found in a hotel room registered to a known drug user who had recently tested positive for … Continue reading

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S.D.Fla.: Waving a gun at a crowd is PC for assault

Defendant’s waving a gun at a crowd was probable cause, and it was on video. United States v. Leonard, 2019 U.S. Dist. LEXIS 97917 (S.D. Fla. June 11, 2019).* “The defendants have not shown that Det. Miller was reckless or … Continue reading

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S.D.Ohio: SW for “firearms” is particular when target is a felon

When the target of a search is a convicted felon, a search warrant for stolen firearms doesn’t need to be specific as to their description because mere possession is a crime. United States v. Prigmore, 2019 U.S. Dist. LEXIS 96217 … Continue reading

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AK: Can’t argue one 4A theory to trial court and another to appellate court

In the trial court, defendant argued that the seizure of his clothing in a hospital room was not a valid plain view. On appeal, however, he argues that entry into the hospital room itself was unreasonable. One can’t change the … Continue reading

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N.D.Ind.: Not putting in affidavit after controlled buy that CI was searched doesn’t void the SW

The officer’s failure to include in the affidavit that the CI was searched before going in is a matter for the issuing judge to consider. “Here, the lack of information regarding the credibility of the purchasers as well as the … Continue reading

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CA9: Criminal history can be a consideration in the totality of PC

Defendant’s state parole search condition required no cause, and the search was valid. There also was probable cause on the totality, and criminal history was a valid consideration of probable cause, but not determinative. United States v. King, 2019 U.S. … Continue reading

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