Category Archives: Probable cause

OH8: Removing part of dashboard during inventory was unreasonable

The license plate holder blocked most of the registration sticker, and that justified the stop. The smell of marijuana justified a further search of the car, and, finding a warrant on the driver, the police impounded the car. Removing part … Continue reading

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NY: Charging document for charge of attempting to avoid execution of a SW was defective for not pleading it

Defendant was charged with obstruction for backing away from officers attempting to search his car with a warrant. The charging document lacked a specific statement of that and should have been dismissed. People v. Wheeler, 2020 NY Slip Op 00998, … Continue reading

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NE: Failure to show any prejudice in 4A IAC claim doomed post-conviction case

Defense counsel at trial didn’t object to a search. Appellate counsel attempted to argue it but it was waived. Post-conviction counsel doesn’t even attempt to show prejudice from the failure of trial counsel. Affirmed. State v. Assad, 304 Neb. 979 … Continue reading

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CA9: 4A standing isn’t jurisdictional, so it doesn’t have to be decided

Standing for Fourth Amendment purposes is not jurisdictional, so the court can consider the merits instead. United States v. Spadafore, 2020 U.S. App. LEXIS 2922 (9th Cir. Jan. 28, 2020). The legality of the search warrant for defendant’s car is … Continue reading

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N.D.Ga.: Possession of a firearm is an ongoing offense, and passage of time alone doesn’t make it stale

Possession of a firearm is an ongoing offense, and passage of time alone doesn’t make it stale. United States v. Morelock, 2019 U.S. Dist. LEXIS 225737 (N.D. Ga. Dec. 9, 2019), adopted, 2020 U.S. Dist. LEXIS 12596 (N.D. Ga. Jan. … Continue reading

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NC: Obtaining blood sample by court order without PC or even RS suppressed

Blood draw evidence should have been suppressed because the order obtaining it was based on no showing of probable cause or even reasonable suspicion. Second degree murder conviction reversed. State v. Scott, 2020 N.C. App. LEXIS 69 (Jan. 21, 2020):

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OH12: Not challenging reliability of drug dog not IAC without showing result would change

Defendant doesn’t show that the outcome would be different if defense counsel had challenged the certification and reliability of the drug dog. State v. Wash, 2020-Ohio-152, 2020 Ohio App. LEXIS 131 (12th Dist. Jan. 21, 2020). “Accordingly, the court finds … Continue reading

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LA4: Lack of apt no. in SW wasn’t inspecific where officers were directed to his door

The search warrant for defendant’s apartment didn’t have the apartment number, but the warrant was specific and directed the officers to his door. That was constitutionally adequate. State v. Gilmartin, 2020 La. App. LEXIS 118 (La. App. 4 Cir. Jan. … Continue reading

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The Center Square: Illinois Supreme Court could decide if smell of marijuana is enough to justify police search

The Center Square: Illinois Supreme Court could decide if smell of marijuana is enough to justify police search by Greg Bishop:

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OH6: 3 controlled buys by 2 CIs was PC; no requirement of showing how they were arranged to happen

Three controlled buys by two CIs was probable cause. There was no showing required of how the drug deals were to be arranged. State v. Reed, 2020-Ohio-138, 2020 Ohio App. LEXIS 107 (6th Dist. Jan. 17, 2020).* There was probable … Continue reading

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VA: Search of speeder’s purse violated Gant and denied sovereign immunity

Plaintiff was arrested and in handcuffs in a police car for speeding. The officer searched her purse in the car, and all this was post-Gant and no evidence of speeding would be found in the purse. This was beyond mere … Continue reading

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CA8: Officer’s training and experience not needed in SW affidavit if it shows PC

The facts in the affidavit for images on defendant’s cell phone were enough for probable cause. The officer did not have to detail his training and experience in sex assault cases, too. The alleged Franks violation, even if it was, … Continue reading

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D.Minn.: The unusually talkative have no special right to be Mirandized

“Because the officers knew that he had a tendency to talk about the case, Williams-Bey argues, Officer Roddy should have given him his Miranda warnings, rather than entertaining his question. Again, Williams-Bey provides no legal authority to support this contention.” … Continue reading

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AL applies GFE to CSLI 2½ years before Carpenter

CSLI obtained by court order, but without showing probable cause, nearly three years before Carpenter was all in good faith. Watson v. State, 2020 Ala. Crim. App. LEXIS 4 (Jan. 10, 2020). Defendant’s ineffective assistance of counsel claim against counsel … Continue reading

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W.D.Ky.: Multiple cell phones in car in a cross-country drug run was PC to search the phones

Multiple cell phones in the car in a cross-country drug transportation enterprise was probable cause for searching the phones with a search warrant. “The Court finds that these facts, considered in the totality of the circumstances, provided the issuing magistrate … Continue reading

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injusticewatch.org: Illinois Supreme Court to decide whether smell of pot is grounds to search a car

injusticewatch.org: Illinois Supreme Court to decide whether smell of pot is grounds to search a car by John Seasly (“With marijuana now legal in Illinois, the state high court heard arguments Tuesday on whether the smell of marijuana grants police … Continue reading

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