Category Archives: Probable cause

CA8: Arguable probable cause for arrest gives QI

“The totality of the circumstances at the time of the arrest, as described above, were sufficient for Svajgl to believe that Nader had committed or was committing the offense of possessing child pornography.” Arguable probable cause is all that’s required … Continue reading

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FL1: Entry into def’s backyard for “strong chemical smell” was without showing exigency and suppressed

Police entered defendant’s backyard based on a call about a strong chemical smell. He was grinding glass with a heavy tool. They saw two women and another man visible inside the shed. They ordered him out and then got defendant … Continue reading

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OH8: Stop for flashing high beams was mistake of law and objectively reasonable under Heien

The state concedes that one flashing his high beams for one second twice 14 seconds apart at a vehicle in front of him for not moving is not a violation of the statute for unnecessarily driving on high beams. Nevertheless, … Continue reading

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TX9: Def abandoned trailer he was living in along with all its contents

Defendant and his family were living in a trailer they abandoned. After a broken water line inside, the trailer and contents were damaged, and they moved out, apparently never to return. When the owner found the trailer, there was mold … Continue reading

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N.D.Ohio: PC shown: “the Court is concerned with what the Affidavit actually contains, not what a critic thinks it should contain”

On the totality of circumstances, the information from the anonymous CI was adequately cooroborated to give probable cause. “Further, Defendant criticizes the Search Warrant for what it lacks — no mention of others residing at Property and no detail about … Continue reading

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S.D.W.Va.: Officers falsely swore def’s friend “lived or stayed there”; she visited after a small heroin deal, and there was no PC at all

Defendant was visited by a friend after an $80 heroin sale. There was no nexus to defendant’s house by the friend who’d only visited a few times over a long period of time. The police also falsely swore that she … Continue reading

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FL2: Search incident for being in a city park after hours unreasonable

A custodial arrest for being in a city park after closing time and a search incident was invalid. State law cautions against search incident for noncriminal violations. Nelson v. State, 2019 Fla. App. LEXIS 3159 (Fla. 2d DCA Mar. 1, … Continue reading

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N.D.Ill.: Officer’s embellishments of drugs involved told to others didn’t undermine the real PC that existed to stop def

Defendant’s conversations were picked up on a wiretap and concerned his marijuana dealing and being a felon in possession of a firearm. Despite officer embellishments in other types of drugs defendant was involved in shared with other officers (heroin, etc.), … Continue reading

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TN: CI’s drug information about def’s house “within previous 72 hours” not stale

A CI who’d been in defendant’s house reported that defendant had a quantity of marijuana for sale, and it was reported by the officer in the affidavit to have been within the previous 72 hours. Probable cause was shown for … Continue reading

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CA6: State SW can be used to bring a federal prosection

A state search warrant, of course, can be used to initiate a federal prosecution. Dismissal of the state case in favor of federal prosecution is not res judicata. Moreover, the federal government isn’t a party in the state case. United … Continue reading

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DE: No error in order denying production of a DNA warrant in an unrelated case without showing any relevance

There was no abuse of discretion in the trial court refusing to make the state produce a DNA affidavit and search warrant in another case not shown to be relevant here. White v. StateWhite v. StateWhite v. State, 2019 Del. … Continue reading

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CA7: Entrapment defense isn’t relevant to whether controlled buy is PC; it’s a question for trial

Defendant’s assertion of entrapment in a controlled buy is a question for trial. It doesn’t negate the fact that the buy occurred and that probable cause exists. State v. Curtis, 2019-Ohio-499, 2019 Ohio App. LEXIS 514 (7th Dist. Jan. 25, … Continue reading

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