Category Archives: Probable cause

N.D.W.Va.: Victim of assault with firearm provided PC for SW for gun

Defendant’s girlfriend reported to police that he had a firearm and used it to break a window in her car and strike her when she was trying to leave. There was probable cause for the warrant for the firearm, and … Continue reading

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OH11: DAs get no immunity for forfeiture of a firearm others had an interest in

Prosecutors had no absolute immunity for disposing of a firearm after defendant’s conviction when others had a legal interest in the firearm because it was an administrative function. Ownership and possession are different concepts, and forfeiture of others’ interests were … Continue reading

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CA6: Even if part of affidavit for SW was illegally obtained, after purging it, the remainder still shows PC

A woman came to a motel office to hide because the man she was staying with had a gun. The police were called, and they ended up at the room, entered, and saw two guns and drug paraphernalia. They left … Continue reading

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W.D.La.: Being asleep in a running car with a gun in lap is RS

Police found a car stopped with the engine running and the driver unconscious or asleep with a gun in his lap. That justified further inquiry, and the officer’s actions were with reasonable suspicion. The fact his hands came up without … Continue reading

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CA6: Known felon answered his door wearing an empty holster and admitted the gun was inside; that’s probable cause

Defendant was a felon, and he came to the door wearing an empty holster. He admitted there was a gun in the house. “Here, the officers obtained a search warrant to search the home, including for firearms. The district court … Continue reading

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W.D.Va.: Stopping ptf for giving cop “the finger” violates clearly established 4A law

Stopping plaintiff merely for giving a police officer the finger violates clearly established Fourth Amendment law. Clark v. Coleman, 2018 U.S. Dist. LEXIS 136749 (W.D. Va. Aug. 14, 2018):

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TX14: The fact home surveillance systems are cheap now isn’t PC to get a SW for one in a home without some fact or inference one will be found

To get a search warrant for home surveillance equipment, the affidavit for the warrant has to show some inference or fact that there is, in fact, one to be found there. The mere fact they are a lot cheaper these … Continue reading

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CA6: Potential overbreadth issue is severed from SW and it’s still sufficient

The search warrant could have been way more clear that it was seeking child pornography. It did say that it was looking for evidence of coercion and enticement of a minor and transfer of obscene materials. Taken as a whole, … Continue reading

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D.Mass.: Complete failure of PC denied govt GFE

The court finds that “the good faith exception to the exclusionary rule does not apply here. Contrary to the government’s assertion, this case directly fits the Supreme Court’s admonition in Leon that ‘[s]uppression … remains an appropriate remedy if the … Continue reading

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OH3: Arrest warrant issued without required sworn narrative was executed by other officers in good faith so no suppression

The arrest warrant didn’t have a sworn narrative because it wasn’t signed. The warrant was issued and entered into the state database. Officers executing the arrest warrant acted in good faith, and the arrest would not be suppressed. State v. … Continue reading

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MS: Victim’s claim she was raped at def’s house justifies SW for it

A rape victim’s claim that defendant took her to his house and raped her then took her to school was probable cause for a search warrant for the house. Whittaker v. State, 2018 Miss. App. LEXIS 409 (Aug. 28, 2018). … Continue reading

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CA7: Considering that SWs are entitled to deference, the strong inference here doesn’t have to be proved

In a child pornography starting as a fake child enticement case: “Scott assumes that on appeal we will make an independent (de novo) assessment of probable cause, ignoring the state judge’s finding. We will not. The decision of the judge … Continue reading

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