Category Archives: Probable cause

IN: Person merely visiting during PO visit couldn’t be arrested when drugs found in common area; no showing of constructive possession

POs entered an apartment for a visit, and defendant visitor, not the one under supervision, was in the room with others where drugs were found. Under constructive possession rules, there was no probable cause to even arrest him so his … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off on IN: Person merely visiting during PO visit couldn’t be arrested when drugs found in common area; no showing of constructive possession

IA: Detention “a few blocks” from the place of the search is too far under Summers

“Law enforcement officers executing a search warrant are permitted to detain the occupants or those in the immediate vicinity of the premises while a proper search is conducted. See Michigan v. Summers, 452 U.S. 692, 701-04, 101 S. Ct. 2587, … Continue reading

Posted in Probable cause, Seizure | Comments Off on IA: Detention “a few blocks” from the place of the search is too far under Summers

FL3: No PC for arrest of person closest to the drugs without knowing his relation to the property

There was no probable cause to arrest defendant just because he was the one nearest to the drugs when the police came in. There was no consideration of his relationship to the premises in the face of the law of … Continue reading

Posted in Arrest or entry on arrest, Probable cause | Comments Off on FL3: No PC for arrest of person closest to the drugs without knowing his relation to the property

CA2: Eyewitness report and identification of ptf was probable cause for arrest

Eyewitness report and identification was probable cause for arrest, so summary judgment was proper for the officer. Tortora v. City of New York, 2020 U.S. App. LEXIS 8135 (2d Cir. Mar. 12, 2020).* The court credits the officers’ testimony that … Continue reading

Posted in Arrest or entry on arrest, Cell site location information, Ineffective assistance, Probable cause, Reasonable suspicion | Comments Off on CA2: Eyewitness report and identification of ptf was probable cause for arrest

D.N.M.: Search of camper being lived in parked on the street in violation of ordinance was inevitable

The question of standing and alleged illegal search of defendant’s camper were moot. The camper was parked on an Albuquerque city street where it’s illegal to live in a camper. Given those facts, the camper would have otherwise been inventoried, … Continue reading

Posted in Inevitable discovery, Plain view, feel, smell, Probable cause | Comments Off on D.N.M.: Search of camper being lived in parked on the street in violation of ordinance was inevitable

S.D.W.Va.: Smell of marijuana is PC to search in spite of legalization of hemp

The smell of marijuana is probable cause to search in spite of legalization of hemp. United States v. Boggess, 2020 U.S. Dist. LEXIS 44319 (S.D. W.Va. Mar. 13, 2020):

Posted in Probable cause | Comments Off on S.D.W.Va.: Smell of marijuana is PC to search in spite of legalization of hemp

OH10: Lack of findings of fact and conclusions of law on grant of suppression motion requires remand to make them

The trial court’s grant of suppression is reversed and remanded because of its inadequate findings of fact and conclusions of law for appellate review. State v. Peeks, 2020-Ohio-889, 2020 Ohio App. LEXIS 812 (10th Dist. Mar. 10, 2020). Defendant officers … Continue reading

Posted in § 1983 / Bivens, Probable cause, Probation / Parole search, Suppression hearings | Comments Off on OH10: Lack of findings of fact and conclusions of law on grant of suppression motion requires remand to make them

Cal.1: The state cannot be forced to issue a SW to gather evidence for the defense

The defense sought murder victims’ social media account content, and the trial court refused to quash a subpoena which was challenged under the Stored Communications Act. The materials by statute would have to be produced in camera. As an alternative … Continue reading

Posted in Probable cause, Social media warrants, Staleness, Subpoenas / Nat'l Security Letters | Comments Off on Cal.1: The state cannot be forced to issue a SW to gather evidence for the defense

E.D.Tex.: Conclusory objections to R&R are denied

Conclusory objections to the R&R on this search issue are overruled. United States v. Wilson, 2020 U.S. Dist. LEXIS 36571 (E.D. Tex. Mar. 3, 2020). Feeling a firearm during a patdown is plain feel. United States v. White, 2020 U.S. … Continue reading

Posted in Arrest or entry on arrest, Plain view, feel, smell, Probable cause, Standards of review | Comments Off on E.D.Tex.: Conclusory objections to R&R are denied

ND: Search incident in another state on arrest warrant from this state was in good faith

Defendant was arrested in North Dakota on a warrant out of Ohio, and the search incident conducted on his arrest was in good faith. State v. Marcum, 2020 ND 50, 2020 N.D. LEXIS 48 (Feb. 27, 2020).* Considering the factors … Continue reading

Posted in Conflict of laws, Consent, Good faith exception, Probable cause | Comments Off on ND: Search incident in another state on arrest warrant from this state was in good faith

D.N.M.: SWs are seldom perfect; the question is where there is a reasonable belief in facts supporting a search

“The process of obtaining a search warrant exists to ensure that officers first gather sufficient facts indicating criminal activity before scouring through private property. Though search warrants are not always perfect or as specific as courts might like, the process … Continue reading

Posted in Probable cause | Comments Off on D.N.M.: SWs are seldom perfect; the question is where there is a reasonable belief in facts supporting a search

OH: While affidavit for SW may have been deficient, it was supplemented by testimony and it was reasonable to find PC

While the affidavit itself may have been deficient on showing probable cause, the officer provided the issuing magistrate additional information to supplement it. Thus, the officer reasonably relied upon the warrant in good faith. Trial court erred in suppressing. State … Continue reading

Posted in Probable cause | Comments Off on OH: While affidavit for SW may have been deficient, it was supplemented by testimony and it was reasonable to find PC