Category Archives: Probable cause

CA6: Dist.Ct. erroneously suppressed over two kgs of heroin; the affidavit for SW showed a reasonable inference drugs would be found at home and GFE applied

The district court suppressed over two kilos of heroin finding that the affidavit for search warrant didn’t show probable cause and nexus to the defendant’s house. The Sixth Circuit reversed on both the probable cause and nexus issue and it … Continue reading

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N.D.Ind.: Once the police see PC, they don’t have to investigate alternative theories to dispel it

Defendant’s theoretical possibilities that more could have been done to investigate doesn’t undermine the probable cause that already existed. The police didn’t have to investigate all the alternatives to what could have been when they had probable cause as to … Continue reading

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M.D.Pa.: Controlled buy is PC to arrest

A controlled buy was probable cause to arrest. United States v. Jackson, 2018 U.S. Dist. LEXIS 158445 (M.D. Pa. Sep. 18, 2018).* Plaintiffs’ claim that an administrative code violation search was a pretext for a criminal search fails on the … Continue reading

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N.D.W.Va.: Victim of assault with firearm provided PC for SW for gun

Defendant’s girlfriend reported to police that he had a firearm and used it to break a window in her car and strike her when she was trying to leave. There was probable cause for the warrant for the firearm, and … Continue reading

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OH11: DAs get no immunity for forfeiture of a firearm others had an interest in

Prosecutors had no absolute immunity for disposing of a firearm after defendant’s conviction when others had a legal interest in the firearm because it was an administrative function. Ownership and possession are different concepts, and forfeiture of others’ interests were … Continue reading

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CA6: Even if part of affidavit for SW was illegally obtained, after purging it, the remainder still shows PC

A woman came to a motel office to hide because the man she was staying with had a gun. The police were called, and they ended up at the room, entered, and saw two guns and drug paraphernalia. They left … Continue reading

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W.D.La.: Being asleep in a running car with a gun in lap is RS

Police found a car stopped with the engine running and the driver unconscious or asleep with a gun in his lap. That justified further inquiry, and the officer’s actions were with reasonable suspicion. The fact his hands came up without … Continue reading

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CA6: Known felon answered his door wearing an empty holster and admitted the gun was inside; that’s probable cause

Defendant was a felon, and he came to the door wearing an empty holster. He admitted there was a gun in the house. “Here, the officers obtained a search warrant to search the home, including for firearms. The district court … Continue reading

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W.D.Va.: Stopping ptf for giving cop “the finger” violates clearly established 4A law

Stopping plaintiff merely for giving a police officer the finger violates clearly established Fourth Amendment law. Clark v. Coleman, 2018 U.S. Dist. LEXIS 136749 (W.D. Va. Aug. 14, 2018):

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TX14: The fact home surveillance systems are cheap now isn’t PC to get a SW for one in a home without some fact or inference one will be found

To get a search warrant for home surveillance equipment, the affidavit for the warrant has to show some inference or fact that there is, in fact, one to be found there. The mere fact they are a lot cheaper these … Continue reading

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CA6: Potential overbreadth issue is severed from SW and it’s still sufficient

The search warrant could have been way more clear that it was seeking child pornography. It did say that it was looking for evidence of coercion and enticement of a minor and transfer of obscene materials. Taken as a whole, … Continue reading

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D.Mass.: Complete failure of PC denied govt GFE

The court finds that “the good faith exception to the exclusionary rule does not apply here. Contrary to the government’s assertion, this case directly fits the Supreme Court’s admonition in Leon that ‘[s]uppression … remains an appropriate remedy if the … Continue reading

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