Category Archives: Reasonable suspicion

OH2: Nothing about def or her driving suggested she was under the influence; PBT suppressed

There was no reasonable suspicion for defendant’s stop: defendant had not admitted to drinking on the evening of the stop, that her traffic violation had been de minimis, that her speech was not impaired, that neither defendant’s movement when she … Continue reading

Posted in Reasonable suspicion | Comments Off

IA: Def plead guilty and later overruling of case law suggested the stop was unreasonable; no IAC claim on direct appeal

An LPN check showed the 77 year old owner of the car had an expired DL. When the officer encountered the driver, it was obviously not the owner because of age. It was the owner’s daughter. The officer shortly determined … Continue reading

Posted in Ineffective assistance, Reasonable suspicion | Comments Off

CA1: 82 minute stop was with RS

Reasonable suspicion developed from defendants’ stop to extend it for 82 minutes. United States v. Ramdihall, 2017 U.S. App. LEXIS 8727 (1st Cir. May 18, 2017).* Defendant was stopped by police after getting off Amtrak at Minot ND. A great … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off

IA: Plain view of a baggie is enough to seize it without also knowing that there are drugs in it

Plain view of a plastic baggie is enough to seize it without also knowing that there are drugs in it. State v. Taylor, 2017 Iowa App. LEXIS 517 (May 17, 2017). Defendant’s speeding and his condition was reasonable suspicion for … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off

AR: Reasonable suspicion doesn’t require certainty of facts

Reasonable suspicion doesn’t require certainty of facts. Here, the factual belief was that defendant’s DL had been suspended weeks earlier. Williams v. State, 2017 Ark. App. 291, 2017 Ark. App. LEXIS 301 (May 10, 2017). Defendant’s plea waived his potential … Continue reading

Posted in Reasonable suspicion | Comments Off

AR: Officer’s three week old knowledge of def’s suspended DL was RS for a stop

Reasonable suspicion doesn’t require certainty of facts. Here, the factual belief was that defendant’s DL had been suspended weeks earlier. Williams v. State, 2017 Ark. App. 291, 2017 Ark. App. LEXIS 301 (May 10, 2017). There was enough probable cause … Continue reading

Posted in Good faith exception, Probable cause, Reasonable suspicion | Comments Off

IN: Officers lacked RS to take gun off an otherwise law abiding citizen based on a citizen informant tip def had a gun

A cab driver called the police because defendant dropped a gun. The cab driver feared he was to be robbed (but he wasn’t). The police showed up and claimed defendant acted nervous. (Only a little.) The frisk and removal of … Continue reading

Posted in Reasonable suspicion | Comments Off

D.Ariz.: In a rare departure from the norm, court finds there was no RS for def’s stop near the border

Based on the totality of circumstances (“(1) characteristics of the area; (2) proximity to the border; (3) usual patterns of traffic and time of day; (4) previous alien or drug smuggling in the area; (5) behavior of the driver, including … Continue reading

Posted in Reasonable suspicion | Comments Off

CA6: Tossing gun to avoid police is abandonment

Defendant voluntarily answered questions, but he tossed his gun, and that’s an abandonment. United States v. Matthews, 2017 U.S. App. LEXIS 8292 (6th Cir. May 8, 2017). Two lane changes were reasonable suspicion for defendant’s stop that led to finding … Continue reading

Posted in Abandonment, Reasonable suspicion | Comments Off

D.Utah: No 4A requirement for a police car in the field to have internet access to more speedily check records without radioing it in

There is no constitutional requirement for a police car in the field to have internet access to more speedily check records without radioing it in. Also, he testified that rural service is spotty. United States v. Lopez-Casillas, 2017 U.S. Dist. … Continue reading

Posted in Reasonable suspicion, Reasonableness, Seizure | Comments Off