Category Archives: Probable cause

ID: Hot pursuit onto curtilage led to abandonment of bag of meth

Defendant was speeding, and he was followed by the police. He failed to signal and turned into a long driveway that turned to unpaved, and the officer followed and defendant never slowed despite the police car having its lights on. … Continue reading

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CA7: Summary judgment for gov’t premature in case alleging frame up by crime lab analyst

Summary judgment was improperly granted for the government in a FTCA case that plaintiff was framed by knowingly false testimony from an arson lab analyst. Remanded. Bunch v. United States, 2018 U.S. App. LEXIS 2283 (7th Cir. Jan. 30, 2018). … Continue reading

Posted in Informant hearsay, Police misconduct, Probable cause | Comments Off on CA7: Summary judgment for gov’t premature in case alleging frame up by crime lab analyst

ND: Audio of def’s arrest shows he consented to the blood test

Defendant consented to the blood test. “At the suppression hearing the district court heard testimony from both Sergeant Stoltz and Montgomery as well as listened to the audio recording of the arrest. The district court noted an extended dialogue between … Continue reading

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CA9: Taking children from parents without exigency or court order violated 4A and right to family unity

When Arizona state social workers removed plaintiffs’ children from the home without judicial authorization and without a reasonable belief they were in danger or exigency, they violated plaintiffs’ rights to family unity and the Fourth Amendment. The right was clearly … Continue reading

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SCOTUS: QI immunity granted where there was arguable PC on the totality for arrests and no case in point saying there wasn’t

On the totality of circumstances, it was reasonable to infer probable cause to arrest plaintiffs for unlawful entry for being in an otherwise vacant building for a party. The actions of the partygoers suggested they knew they had no right … Continue reading

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D. Md.: Def’s 2255 supplemental Franks challenge has a failure of a proffer of evidence

Defendant had a Franks challenge and lost. One 2255 claim is that if defense counsel investigated more, it would have been a better Franks motion, but he fails to state what else would have been found to make it better. … Continue reading

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LA2: No REP in text messages in another person’s cell phone

Defendant had no reasonable expectation of privacy in text messages in another person’s cell phone. State v. Young, 2018 La. App. LEXIS 110 (La. App. 2 Cir. Jan. 18, 2018). Defendant was on parole and his parole agreement required he … Continue reading

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D.S.D.: General description of a handyman’s tools as “miscellaneous tools” did not make the inventory “defective”

General description of a handyman’s tools as “miscellaneous tools” did not make the inventory “defective.” United States v. Bruce, 2018 U.S. Dist. LEXIS 7387 (D.S.D. Jan 17, 2018). “Although the affidavit in the instant case could have provided more information … Continue reading

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D.Conn.: “observation of a small amount of marijuana not clearly labelled for medicinal use creates probable cause that evidence of illegal drug activity would be found within the car”

“Because Officer Diaz had reason to believe that a gun would be found within the Defendant’s car prior to the stop, his observation of a small amount of marijuana not clearly labelled for medicinal use creates probable cause that evidence … Continue reading

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E.D.Ky.: Shots fired call led to stop on RS but seeing empty shell casings in car was PC

A shots fired call led to the stop of defendant’s car. The officer’s seeing spent shell casings inside was probable cause, and the reasonable suspicion calculus of extending the stop doesn’t apply. United States v. Cooper, 2018 U.S. Dist. LEXIS … Continue reading

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M.D.La.: Finding CP image hash values on a computer is PC for search

The finding of child pornography hash values on a computer is probable cause for further search of the computer. United States v. Sherlock, 2018 U.S. Dist. LEXIS 1321 (M.D. La. Jan. 4, 2018).* Playpen warrant sustained, and there was no … Continue reading

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OH3: Narc told patrol officer def was drug suspect, and patrol officer ran DL and found it was suspended; stop valid despite pretext claim

A patrol officer was told that defendant was a drug suspect. He was told because he had stopped defendant before and was familiar with him. He ran defendant’s name through the state computer and it showed that defendant had no … Continue reading

Posted in Pretext, Probable cause | Comments Off on OH3: Narc told patrol officer def was drug suspect, and patrol officer ran DL and found it was suspended; stop valid despite pretext claim