Category Archives: Probable cause

MA: Def counsel gave IAC for not moving to suppress cell phone data; just because it might be interesting isn’t PC

Defendant received ineffective assistance of counsel by counsel’s failure to file a motion to suppress the search of defendant’s cell phone. The affidavit for the search warrant did not establish probable cause to search the phone. The mere fact two … Continue reading

Posted in Cell phones, Ineffective assistance, Probable cause | Comments Off

D.N.M.: Def’s claim the officer conducted a pre-search of all bags on a Greyhound bus was based on speculation

The court does not buy defendant’s argument that the officer here waited until all luggage was removed from a Greyhound bus to conduct a feel-up tactile search of the bags in such a way to avoid Greyhound’s surveillance cameras. That’s … Continue reading

Posted in Burden of proof, Probable cause, Search | Comments Off

MT: Element of offense that other state’s offense be similar to MT’s doesn’t have to be proved for PC

The affidavit for a telephonic search warrant included that defendant had been convicted of DUI under another state’s law didn’t have to also meet the statutory requirement that the other state’s offense was “similar” to Montana’s. That was an issue … Continue reading

Posted in Consent, Probable cause | Comments Off

NC: IP address on pizza order led to PC for SW for def’s house as robber of driver

A Domino’s driver was robbed and hit with a baseball bat and knocked out. Police looked for possible robbers but found nobody. A “confidential source of information” (actually citizen informant who’s identity was withheld for protection against retaliation) said that … Continue reading

Posted in Informant hearsay, Probable cause | Comments Off

D.N.M.: There was at least circumstantial evidence defs’ DNA would be found in evidence to justify SW for it

There was sufficient probable cause defendants were involved in a robbery and could be linked to evidence in the case for DNA samples to be taken from them by search warrants. “Although the Search Warrant lacks direct evidence that the … Continue reading

Posted in § 1983 / Bivens, DNA, Probable cause | Comments Off

HI: Moving to suppress seizure of pill bottle incident to arrest didn’t cover later search of the bottle; issue waived

Defendant’s challenge to removal of a pill bottle from his person did not preserve a challenge to search of the pill bottle at the police station. “In any event, we conclude that Sado’s argument on appeal is without merit. Officer … Continue reading

Posted in § 1983 / Bivens, Probable cause, Standards of review | Comments Off

CA6: No reasonable officer could conclude there was PC for pft’s arrest

“When reviewing the information known to Seidl at the time of Zavatson’s arrest, we conclude that no reasonable officer could have believed, based on anything more than speculation, that Zavatson had committed the purported theft. As an initial matter, there … Continue reading

Posted in § 1983 / Bivens, Probable cause, Qualified immunity | Comments Off

CA6: Plf’s stipulation there was PC in his criminal case that led to dismissal was judicial estoppel to bringing a civil case on the same facts

Plaintiff’s stipulation there was probable cause in his criminal case that led to dismissal was judicial estoppel to bringing a civil case on the same facts. Grise v. Allen, 2017 U.S. App. LEXIS 21358 (6th Cir. Oct. 26, 2017). The … Continue reading

Posted in § 1983 / Bivens, Probable cause, Reasonable suspicion | Comments Off

E.D.Wis.: Window tint violation observed at night in a “split second”

Defendant’s window tint was the basis for a stop at night, and the officer got only a “split second” look at the car but couldn’t see inside. That’s at least reasonable suspicion. [Yes, it's possible.] United States v. Bogan, 2017 … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off

S.D.Tex.: Third Leon test essentially shores up PC here

The affidavit for the child pornography search warrant here was issued at least with a reasonable belief in probable cause under the third Leon test. [The court should have just found probable cause because it certainly looks like there is … Continue reading

Posted in Emergency / exigency, Good faith exception, Probable cause | Comments Off

D.Kan.: CP SW not stale [are they ever?]

The search warrant for child pornography was not stale, based on the officer’s experience. [Since no case has ever found staleness in child pornography cases, why don’t they just cut to the chase and take judicial notice?] United States v. … Continue reading

Posted in Probable cause, Staleness | Comments Off

CA2: Correcting the alleged false statements in affidavit still leaves PC so officials have QI

Deleting the allegedly false information from the affidavit for search warrant leaving it as a “corrected” affidavit under Franks, there still was a fair probability for probable cause. That there might be other explanations doesn’t undermine probable cause. Therefore, defendants … Continue reading

Posted in § 1983 / Bivens, Franks doctrine, Probable cause, Qualified immunity | Comments Off