Category Archives: Probable cause

S.D.Fla.: Def’s having keys and free access to girlfriend’s apt gives him standing, but the protective sweep was clearly justified

Defendant has standing to challenge the search of his girlfriend’s apartment because he has keys and stays there when he wants to without limitation. “Therefore, the Defendant argues that the Defendant has at least as much of a privacy interest … Continue reading

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OH2: Somebody leaning in car window then leaving when police approach is not PC

Somebody leaning in the car window to talk to defendant then walking away as police approached is not probable cause to believe a drug deal just went down. Suppression motion should have been granted. State v. Ward, 2017-Ohio-8141, 2017 Ohio … Continue reading

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NC: Make and model of a firearm isn’t required for PC as long as it’s described as similar

That a gun matched the description of defendant’s gun was still probable cause on this record. The police didn’t have to have the make and model of the gun to have probable cause. State v. Messer, 2017 N.C. App. LEXIS … Continue reading

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CA6: Alleged defect in state arrest warrant was irrelevant under the 4A where there was PC

Defendant’s arrest under a purportedly defective Georgia arrest warrant was irrelevant under the Fourth Amendment because there was plenty of probable cause for it. Specifically, defendant contended that the officers needed an incident report or something that showed probable cause … Continue reading

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TX14: Def’s gf’s private search of his cell phone finding CP wasn’t unreasonable search

Defendant’s girlfriend had free access to his cell phone because the password on the phone was shared with her and it was the same as the PIN on his debit card which she also used. She conducted a valid private … Continue reading

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NPR: Supreme Court Case Asks: How Much Do Partygoers Need To Know About The Party House?

NPR: Supreme Court Case Asks: How Much Do Partygoers Need To Know About The Party House? by Nina Totenberg Supreme Court justices this week looked at whether police can arrest people who they mistakenly believe are trespassing.

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TN: SW issuing magistrates have only district-wide jurisdiction and couldn’t issue SW here

By statute, magistrates issuing search warrants have only district-wide jurisdiction, and here the magistrate lacked authority to issue the search warrant at issue. The state did not show any exceptions. State v. Frazier, 2017 Tenn. Crim. App. LEXIS 861 (Sept. … Continue reading

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E.D.Mich.: Arrest warrant for another in def’s home didn’t authorize entry without exigency

An arrest warrant for Tyler in defendant’s home didn’t justify entry here because officers didn’t show any exception to the warrant requirement. “The government has provided no authority for the proposition that the arrest warrant for Tyler, Tyler’s status as … Continue reading

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Manafort’s no-knock warrant and Facebook’s search warrants in Russia investigation

The New York Times reports tonight that search warrants were used for the first time in a Special Counsel’s investigation: Not in Watergate, not in Iran-Contra, not in Whitewater, not in the Valerie Plame investigations. With a Picked Lock and … Continue reading

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CA3: CI’s conversations with def and officer’s observations was PC

CI’s conversations with the defendant coupled with the officer’s observations was probable cause. United States v. Ray, 2017 U.S. App. LEXIS 15827 (3d Cir. Aug. 21, 2017).* Defendant’s stop wasn’t prolonged at the point he was asked whether he had … Continue reading

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