Category Archives: Probable cause

NMCCA: Despite lack of PC for search authorization, GFE applies because everybody thought there was PC

Defendant service member had sex with another service member, allegedly taking pictures and videos of her. Then he allegedly tried to extort her over the pictures, which she reported. A search authorization was issued for defendant’s on base housing to … Continue reading

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NH: CP search warrant for defendant’s phone and laptop completely lacked PC

Defendant was found asleep in his car in a Walmart parking lot with his pants down after having apparently masturbated to adult porn images on his computer or phone. The discussion with the officers gave no reason to believe defendant … Continue reading

Posted in Private search, Probable cause | Comments Off on NH: CP search warrant for defendant’s phone and laptop completely lacked PC

CA9: PC is a close question, and that’s good enough for GFE

“In this case, it is a close question whether the warrant was supported by probable cause. Although a close call, we need not resolve this issue because even if the warrant lacked probable cause, the good faith exception to the … Continue reading

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M.D.N.C.: Calling def a “suspect” in the affidavit for SW for his house, without more, isn’t PC and the GFE doesn’t apply

Defendant was identified as a “suspect” in a shooting, but the police provided nothing to the issuing magistrate that even suggested how. The affidavit for the search warrant of defendant’s home was “bare bones,” and the good faith exception can’t … Continue reading

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N.D.Cal.: Smell of MJ from passenger compartment is PC only as to that area

The smell of marijuana came from the passenger compartment, and the court finds that the probable cause that it creates is limited to the passenger compartment under the automobile exception. United States v. Chavez, 2018 U.S. Dist. LEXIS 107695 (N.D. … Continue reading

Posted in Plain view, feel, smell, Probable cause, Scope of search, Strip search | Comments Off on N.D.Cal.: Smell of MJ from passenger compartment is PC only as to that area

CA6: SW affidavit was so lacking in evidence that it did not show PC; def’s criminal record not enough; SW affidavit so lacking, no GFE

To determine whether the warrant affidavit supported probable cause to search defendant’s residence under Fourth Amendment, the court was required to assess the significance of each piece of evidence relied upon. Then it considers all the evidence together to determine … Continue reading

Posted in Good faith exception, Probable cause | Comments Off on CA6: SW affidavit was so lacking in evidence that it did not show PC; def’s criminal record not enough; SW affidavit so lacking, no GFE

MD: Odor of MJ from the person is PC to search the person

The odor of marijuana provides probable cause to believe that marijuana is present, and therefore, the smell of marijuana emanating from a vehicle provides probable cause to believe that contraband or evidence of a crime will be in the vehicle … Continue reading

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DE: PC and nexus to search def’s house came from his leaving to do a drug deal on a bicycle and then coming right back

There was probable cause and nexus to search defendant’s house because he left the house on a bicycle to conduct a drug delivery and returned. Spencer v. State, 2018 Del. LEXIS 296 (June 26, 2018). There was probable cause to … Continue reading

Posted in Nexus, Probable cause, Reasonable suspicion | Comments Off on DE: PC and nexus to search def’s house came from his leaving to do a drug deal on a bicycle and then coming right back

OH7: State can’t raise alternative argument on appeal not presented to trial court

Defendant’s traffic stop was unreasonable because there was no objective, let alone good faith, basis for the stop. There were conflicting traffic signs at the intersection, but they didn’t apply to appellant in his lane. Also, the state could not … Continue reading

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CA2: If excising the tainted information from the affidavit still leaves PC, the search stands

“When an application for a search warrant includes both tainted and untainted evidence, ‘the warrant may be upheld if the untainted evidence, standing alone, establishes probable cause.’” Excising the challenged information here still yields probable cause on the totality. United … Continue reading

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IA: Stopping behind a car parked with brake lights on on a country road at 1 am was reasonable under the community caretaking function

“This case requires us to decide whether an officer was justified in pulling behind a vehicle and activating his emergency lights when the vehicle was stopped by the side of a highway after 1:00 a.m. with its brake lights engaged. … Continue reading

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MS: Issuing a SW for a person with a similar name a decade earlier didn’t make magistrate not neutral and detached

The fact the issuing judge issued another for a relative a decade earlier didn’t show the judge was not a neutral and detached magistrate. There was probable cause for this search warrant. Donaldson v. State, 2018 Miss. App. LEXIS 303 … Continue reading

Posted in Neutral and detached magistrate, Probable cause | Comments Off on MS: Issuing a SW for a person with a similar name a decade earlier didn’t make magistrate not neutral and detached