Category Archives: Probable cause

S.D.W.Va.: Reasonable during a traffic stop to ask about firearms in the car

The traffic stop was reasonable, and it was also reasonable for the officer to just ask whether there was a gun in the car for safety reasons because carrying in legal in this state. United States v. Martin, 2024 U.S. … Continue reading

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S.D.Ohio: SW for def’s address produced documents related to another address of his which were lawfully seized

“[T]he Court agrees with Moore that papers listing the 3151 Gobel address that were taken from the 3100 Vienna Woods address fall outside the scope of the search warrant’s plain language. … But that does not end the inquiry as … Continue reading

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D.Minn.: No need to test a roach for PC, plus def admitted what it was

“During the stop, Mr. Winston himself confirmed that the roaches were marijuana; his possession charge, however, is not based on them. There was thus no reason to test the roaches to confirm the presence of marijuana. The failure on the … Continue reading

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W.D.Pa.: A state court dispute over return of seized property held by feds heading toward contempt was removable to federal court

Defendant’s property was seized under a state search warrant. Defendant sought return in state court, but it had been transferred to federal officers. They refused return. Contempt was sought against the federal officers in state court and this was removable … Continue reading

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M.D.Pa.: No constitutional requirement to get arrest warrant for misdemeanor committed in officer’s presence

There is no constitutional requirement for an officer to get an arrest warrant to arrest based on a misdemeanor committed in his presence. The common law says the officer can. United States v. Alvarez, 2024 U.S. Dist. LEXIS 172609 (M.D. … Continue reading

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D.Minn.: Even if stop was without RS, eluding police gave it

Even if there was no reasonable suspicion for defendant’s stop, his new offense of eluding the police justified it. United States v. Denton, 2024 U.S. Dist. LEXIS 170669 (D. Minn. Sep. 23, 2024).* The affidavit for this warrant shows probable … Continue reading

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IL: With MJ decrim, smell of MJ no longer PC

With decriminalization of small amounts of marijuana, the smell of marijuana in a car is no longer probable cause to search. People v. Redmond, 2024 IL 129201, 2024 Ill. LEXIS 464 (Sep. 19, 2024). See techdirt: Court Reminds Cops That … Continue reading

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OR: The burden on whether the affidavit was with the warrant at the search is on defendant

When the affidavit satisfies particularity but the defendant alleges the warrant doesn’t, he has the burden of proving that both were not attached to each other or at the scene of the search for guidance. State v. Goode, 335 Or. … Continue reading

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CA9: Inventory of backpack of just released suspect was still reasonable

Defendant was arrested on suspicion of murder, and his backpack was put in the police car. His backpack was briefly searched and nothing was found. He was released after questioning, but his backpack was subjected to a later inventory which … Continue reading

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CA6: Electronic devices were “property under his control” subject to search while on supervised release

Defendant’s electronic devices were “property under his control” subject to search while on supervised release. United States v. Ramadan, 2024 U.S. App. LEXIS 23276 (6th Cir. Sep. 11, 2024). Plaintiff pleads an unreasonable strip search in prison, but the necessary … Continue reading

Posted in Cell phones, Franks doctrine, Prison and jail searches, Probable cause, Probation / Parole search, Strip search | Comments Off on CA6: Electronic devices were “property under his control” subject to search while on supervised release

N.D.Tex.: PC and GFE questions were close, and that’s good enough

The search warrant survives both a finding of probable cause and application of the good faith exception: “Here, the Court agrees with Defendant that the affidavit at issue presents a ‘close call’ as to whether the good-faith exception applies and … Continue reading

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TN: Def opened door to admit suppressed cell phone evidence by asking the one question too many

Defendant successfully kept out cell phone tracking records for lack of probable cause. “However, during trial, based on defense counsel’s question of whether there was any ‘physical evidence’ connecting Defendant to the case, the trial court ruled that Defendant opened … Continue reading

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W.D.Wash.: When a document is discussed in a SW affidavit, including the document isn’t required

When a written document is involved and discussed in a search warrant affidavit, including the document is not constitutionally required. Misstating it might make a Franks claim. United States v. Shetty, 2024 U.S. Dist. LEXIS 161863 (W.D. Wash. Sep. 9, … Continue reading

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M.D.Pa.: Def’s Franks challenge fails for being vague as to what was inadequate and even which warrants were being challenged

“First, on a fundamental level, Bressi’s Franks request is insufficiently specific for this Court to reconstruct the warrants. Bressi does not point to a specific search warrant he claims was obtained through Agent O’Malley’s intentional or reckless disregard for the … Continue reading

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CA8: No individualized PC to arrest all protestors in a group

Probable cause as to a group of people involved in a protest sweeps too broadly. Ybarra requires probable cause as to individuals. It was not reasonable to believe everyone in this particular group was violating the law. They couldn’t be … Continue reading

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S.D.Ind.: Handwritten alterations to SW were authorized by issuing magistrate and were valid

Handwritten alterations on the search warrant to match the same subjects as the affidavit were authorized by the issuing magistrate and were valid. And, even if this made it overbroad, it was still valid under the good faith exception. United … Continue reading

Posted in Arrest or entry on arrest, Attenuation, Good faith exception, Probable cause, Reasonable suspicion, Search incident, Warrant papers | Comments Off on S.D.Ind.: Handwritten alterations to SW were authorized by issuing magistrate and were valid

N.D.Ind.: Slightly different trial testimony doesn’t make a Franks violation; it’s what the officer knew at the time

Slightly different trial testimony here didn’t support a Franks challenge. The officer swore to what he knew when he applied for the warrant, and that wasn’t false. United States v. Bates, 2024 U.S. Dist. LEXIS 156420 (N.D. Ind. Aug. 30, … Continue reading

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E.D.Tenn.: A lab report used to support PC doesn’t have to be included in the affidavit

“As to the omissions cited by defendant, the Court concludes that they do not detract from the probable cause analysis, as such elaborate specificity is not required. See Gates, 462 U.S. at 235 (explaining that search warrant affidavits ‘are normally … Continue reading

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D.Minn.: Warrantless ion scan of car door handle was reasonable

A DNA ion scan of a car door handle was reasonable, relying on United States v. Jones, 2024 WL 1810220 (D. Minn. Apr. 25, 2024), finding no reasonable expectation of privacy in an ion scan on an apartment door from … Continue reading

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NM: Def’s new crime after arrest not to be excluded

“We agree with the Court of Appeals that the new crime exception to the exclusionary rule applies and we agree with its analysis of the issue. The exclusionary rule applies only where its deterrence benefits outweigh its societal costs. Strieff, … Continue reading

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