Category Archives: Probable cause

W.D.La.: Use of key fob to find def’s car in Walmart parking lot wasn’t unreasonable search

Using defendant’s key fob to find his car in a Walmart parking lot was not an unreasonable search because there was no reasonable expectation of privacy in which car was his, following United States v. Cowan, 674 F.3d 947 (8th … Continue reading

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NY3: Call from DEA to stop def was based on their PC

The officers stopping defendant received a call from the DEA to stop him because he was involved with a place they were searching, having just left with a backpack as the DEA was arriving. The stop was based on their … Continue reading

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OH4: PC shown by inference that def had drugs in hotel room; officers don’t have to see a drug transaction to have PC

An actual drug transaction doesn’t have to happen for officers to have probable cause defendant likely had drugs in his hotel room. The investigation here developed logical inferences that’s what defendant was doing, and there was a nexus between his … Continue reading

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CA7: Circumstances justified inference def’s car was getaway car in a robbery, and that was PC

There was probable cause that a getaway car was involved in a robbery. “Here, in contrast, the Mercedes’s conduct cannot be confused with innocent behavior. While it is true that police did not know the occupants of the Mercedes were … Continue reading

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W.D.Pa.: SW materials can be considered in determining whether to detain

“When considering same together with the Bond Report, the indictment, and police reports and search warrant documents, the Court alternatively finds that the Government established by clear and convincing evidence that Defendant is a danger to the community. See Perry, … Continue reading

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GA: While state database showed def’s car uninsured, his proof of insurance on phone app was enough to show lack of PC for impoundment

The officer here was running LPNs to see if cars passing through an intersection were insured. Defendant’s car came back uninsured based on the state database. Once stopped, however, defendant showed an app on his phone that showed he obtained … Continue reading

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E.D.Mich.: It’s not prosecutorial misconduct to present evidence allegedly unlawfully seized to a GJ

It’s not prosecutorial misconduct to present evidence allegedly unlawfully seized to a grand jury. That was settled in Calandra in 1974. United States v. Boston, 2018 U.S. Dist. LEXIS 23751 (E.D. Mich. Feb. 14, 2018). “Accordingly, the court finds that … Continue reading

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S.D.Cal.: Cell phones tool of trade of border smugglers, too

“That drug smuggling operations use cell phones to contact each other, to give direction and instructions, that they use scouts and multiple vehicles to cross drugs, are all well-known strategies. [¶] It is also well-known that smugglers will buy cars … Continue reading

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AR: State’s auto insurance database isn’t up to date, but missing insurance record is still PC for a stop

A computer check showed defendant’s vehicle insurance was cancelled, although the database was admittedly often not current with this warning: “The insurance information is provided by the Department of Finance and Administration. Valid insurance policies may exist that are not … Continue reading

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CA6: SW for house where CP was created and sex trafficking occurred wasn’t stale after two months

Defendant was convicted of creating child pornography and sex trafficking minors. The search warrant was issued two months after the last act, but the list of acts (photography of CP; beatings) that occurred in defendant’s residence and the things sought … Continue reading

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DE: Def’s crossing the unmarked center of a highway for a couple of seconds wasn’t RS

“Here, Trooper Freeman testified that ‘the only basis for the stop’ was that Defendant veered into the left lane on a roadway that did not have solid lines. Speed was not a factor. Absent any testimony or video evidence concerning … Continue reading

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W.D.La.: No clear authority says a state court tracking warrant can’t track a car into another state; GFE applies

There is no authority shown that a state court tracking warrant on a vehicle could or could not track the vehicle into another state. Therefore, the good faith exception would apply. United States v. Taylor, 2018 U.S. Dist. LEXIS 17816 … Continue reading

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