Category Archives: Probable cause

CA11: The officer received easily verifiable information that the tattoo on the suspect didn’t match the tattoos of the perpetrator; the arrest was without PC

Before the arrest the officer received easily verifiable exculpatory information from a witness, that the citizen’s single tattoo did not match the multiple tattoos visible on the perpetrator in the crime scene photograph that the officer showed the witness. Despite … Continue reading

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SCOTUSBlog: Opinion analysis: With facts like these … Lozman v. City of Riviera Beach

SCOTUSBlog: Opinion analysis: With facts like these … Lozman v. City of Riviera Beach by Heidi Kitrosser:

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GA: Controlled buy by CI corroborates CI and is PC in itself

“‘Under the common sense approach to search warrants, a controlled buy strongly corroborates the reliability of the informant and shows a fair probability that the contraband would be found.’… Indeed, ‘even if the informant had no known credibility, the controlled … Continue reading

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VI: Decriminalization of small quantities of marijuana doesn’t eliminate an officer’s ability to search for it with PC

The fact of decriminalization of an ounce or less of marijuana does not obviate the ability of the police to conduct a frisk or a search for marijuana. The probable cause calculus remains the same, although the result of the … Continue reading

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NE: A pre-Birchfield warrantless blood draw would not be excluded under GFE

A blood draw that predated Birchfield was valid under the good faith exception. “Because the good faith exception applies, the district court erred in reversing Hatfield’s conviction.” State v. Hatfield, 300 Neb. 152 (June 8, 2018). Two controlled buys by … Continue reading

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NC: “Thursday” in a SW affidavit means the previous Thursday, and the search warrant wasn’t stale when issued

This case started with an anonymous letter about alleged drug sales at defendant’s residence. A trash pull was conducted on “Thursday.” Read in context, that means the previous Thursday, and the search warrant wasn’t stale when issued. State v. Teague, … Continue reading

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NC: Seeing a “pipe” in a house in affidavit for SW doesn’t tell whether it was drug paraphernalia; no PC

The affidavit for the search warrant in this case mentioned that a pipe was seen in defendant’s house. The court of appeals finds that the affidavit doesn’t tell enough to determine whether it was a pipe for use for ingesting … Continue reading

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IL: PC existed ten days after a crime to seek the weapon involved in the crime

There was probable cause for a search warrant for defendant’s house for a firearm involved in a crime ten days after the crime. Firearms are possessions usually kept. People v. Rodriguez, 2018 IL App (1st) 141379-B, 2018 Ill. App. LEXIS … Continue reading

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D.Ariz.: “A series of legal acts may provide the basis for probable cause of illegal acts.”

The purchase of a chemical that could be used to make a toxic chemical weapon, legal in itself, can be probable cause. “A series of legal acts may provide the basis for probable cause of illegal acts.” United States v. … Continue reading

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CA6: New evidence in civil case to impeach officers’ prior suppression hearing testimony isn’t ground for a successor 2255

2255 petitioner filed a successor petition alleging that a civil case he filed developed impeachment material that would undermine the original probable cause finding. This isn’t new evidence of innocence for a successor petition. In re Mohammed, 2018 U.S. App. … Continue reading

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CO: Voluntariness of consent is proved by a preponderance of the evidence, not by clear and convincing evidence

Voluntariness of consent in Colorado is proved by a preponderance of the evidence, not by clear and convincing evidence. People v. Delage, 2018 CO 45, 2018 Colo. LEXIS 435 (May 30, 2018). The CI gave probable cause to stop defendant … Continue reading

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DE: Undercover officer “friending” def on Facebook and seeing enough to get a SW doesn’t violate 4A

“When a person voluntarily accepts a ‘friend’ request on Facebook from an undercover police officer, and then exposes incriminating evidence, does the Fourth Amendment protect against this mistaken trust? We conclude that it does not.” Everett v. State, 2018 Del. … Continue reading

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