Category Archives: Probable cause

IA: Inventory was still valid despite its mixed motive to search

Defendant refused to consent to a search so the officers made the choice to impound his car. It was a reasonable choice, although with a mixed motive to search and not just inventory. Nevertheless, it’s valid. State v. Gray, 2017 … Continue reading

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D.Minn.: Officers had PC defendant had CP and not just child nudity

Defendant argued that the alleged child pornography was mere child nudity, and thus not a crime. “The Court concludes that the information contained in each of the four warrant applications was sufficient to permit the reviewing magistrate judges to conclude … Continue reading

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W.D.Mo.: During the knock-and-talk def was not “in custody” for Miranda purposes

During the knock-and-talk at defendant’s apartment, he was not “in custody” for Miranda purposes, and his statements could be used against him. United States v. Butler, 2017 U.S. Dist. LEXIS 201765 (W.D. Mo. Nov. 16, 2017), adopted, 2017 U.S. Dist. … Continue reading

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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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