Category Archives: Probable cause

IL: When lack of PC for arrest is raised, the state can rely on hearsay to establish it

When the defendant challenges probable cause for arrest, hearsay is admissible to show it. People v. Horine, 2017 IL App (4th) 170128, 2017 Ill. App. LEXIS 743 (Dec. 5, 2017):

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W.D.N.Y.: Sealed indictment attached to affidavit for SW helped show PC for issuance

The affidavit for the search warrant attached defendant’s sealed indictment. Together they showed probable cause. Defendant doesn’t get a Franks hearing because of the omission that he was in the military. United States v. Owens, 2017 U.S. Dist. LEXIS 199143 … Continue reading

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UT: There was PC for the warrant, and whether there is a state exclusionary rule doesn’t have to be decided

The trial court erred in concluding there was no probable cause for the issuance of the search warrant, but the good faith exception applied. Instead, there was a substantial basis for issuance of the search warrant, and the exclusionary rule … Continue reading

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E.D.Va.: Corrected typo on SW’s execution date was proper and didn’t void warrant

There was a typo on the warrant when created by the Magistrate. It said it had to be executed by “June 13” but it was issued after that and obviously should have said “July 13.” The error was caught by … Continue reading

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MD: With decrim of <10 g. MJ, officer doesn’t have to be absolutely sure of quantity to have PC

“Despite the decriminalization of possession of less than ten grams of marijuana, a law enforcement officer who has reason to believe that an individual is in possession of marijuana has probable cause to effectuate an arrest, even if the officer … Continue reading

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E.D.La.: Casing parked cars the weekend before Mardi Gras then all getting in one car was RS

“As noted, the troopers had reasonable suspicion to stop the defendants. The troopers had watched a man, at night, in a high crime area during Mardi Gras, the busiest weekend of the year, peer into several unoccupied vehicles, and then … Continue reading

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S.D.Ill.: Off-duty officer working store security validly seized weapon

A local police officer was working off-duty security at a grocery store on the night shift. He’d seen defendant in there many times in the previous four years in the store, and defendant was usually under the influence. Plus, the … Continue reading

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D.Md.: Because of state decrim, a trash pull that merely shows def was a user isn’t PC of trafficking

In a marijuana decriminalization state, merely finding evidence of marijuana usage, not trafficking, wasn’t probable cause for a search warrant even under Gates or the good faith exception. United States v. Lyles, 2017 U.S. Dist. LEXIS 193030 (D. Md. Nov. … Continue reading

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N.D.Cal.: Google is a private actor when it scans email for CP and then turns it over

Google is a private actor when it scans emails looking for child pornography by the images’ hash values. Google has an important interest in keeping CP off the internet and not being the vehicle for its transmission. There was no … Continue reading

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MA: Def counsel gave IAC for not moving to suppress cell phone data; just because it might be interesting isn’t PC

Defendant received ineffective assistance of counsel by counsel’s failure to file a motion to suppress the search of defendant’s cell phone. The affidavit for the search warrant did not establish probable cause to search the phone. The mere fact two … Continue reading

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D.N.M.: Def’s claim the officer conducted a pre-search of all bags on a Greyhound bus was based on speculation

The court does not buy defendant’s argument that the officer here waited until all luggage was removed from a Greyhound bus to conduct a feel-up tactile search of the bags in such a way to avoid Greyhound’s surveillance cameras. That’s … Continue reading

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MT: Element of offense that other state’s offense be similar to MT’s doesn’t have to be proved for PC

The affidavit for a telephonic search warrant included that defendant had been convicted of DUI under another state’s law didn’t have to also meet the statutory requirement that the other state’s offense was “similar” to Montana’s. That was an issue … Continue reading

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