Category Archives: Reasonable suspicion

PA MMA doesn’t permit driving while smoking MMJ

The MMA doesn’t permit driving while smoking MMJ. The smell of burnt MJ coming from defendant’s car was reasonable suspicion to extend the stop. Commonwealth v. Sloan, 2023 PA Super 173 (Sep. 21, 2023).* Plaintiff was in court shortly after … Continue reading

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TX2: Slow to pull over and furtive movements is RS

When the officer is attempting to pull over a car for a traffic offense, being slow to stop and furtive movements in the car become reasonable suspicion to extend the stop. Moore v. State, 2023 Tex. App. LEXIS 7343 (Tex. … Continue reading

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D.S.D.: Two anonymous tips about a car built upon one another and provided RS

Two anonymous tips about a car built upon one another and finding the car on the interstate was reasonable suspicion. United States v. Gonzalez, No. 422-CR-40119-KES, 2023 U.S. Dist. LEXIS 167068 (D.S.D. Sep. 15, 2023). Defendant was indicted for conspiring … Continue reading

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NM: State had to support search incident to arrest of def’s purse at suppression hearing and didn’t

Defendant’s purse over the shoulder was not part of her person. It was removed from her and later searched incident to arrest. The state failed to support the search incident doctrine at the suppression hearing of where the purse was … Continue reading

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N.D.Iowa: Drug dog breaking plane of the car window is a trespass and entry without PC

The drug dog broke the plane of the window, and that’s a trespass. There was no probable cause at that point, and the R&R is rejected. The motion to suppress is granted. United States v. Buescher, 2023 U.S. Dist. LEXIS … Continue reading

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WV: Break in the chain of custody of DNA evidence taken after seizure is not a 4A violation

An after seizure alleged break in the chain of custody of DNA evidence taken is not a Fourth Amendment violation. Timothy C. v. Straughn, 2023 W. Va. LEXIS 339 (Sep. 15, 2023). Defendant’s LPN wasn’t visible until after the stop, … Continue reading

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IL: No RS for stop of van allegedly involved in a robbery; officer had no details

“The trial court decided the facts were sufficient to justify a Terry stop. After taking account of the totality of the circumstances, we reverse the denial of Maxfield’s motion to quash arrest and suppress the identification and other evidence obtained, … Continue reading

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NE: Franks challenge that included allegations that alternative suspects weren’t identified fails

Defendant’s Franks challenge that included allegations that alternative suspects weren’t identified fails. State v. Garcia, 315 Neb. 74 (Sep. 7, 2023). There was no reasonable suspicion to detain defendant for a dog sniff. He answered all the officer’s questions, and … Continue reading

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OH7: Anticipatory warrant for prostitution

The anticipatory warrant here was for prostitution. State v. Zhang, 2023-Ohio-3173, 2023 Ohio App. LEXIS 3129 (7th Dist. Sep. 7, 2023). “The use of a drug-sniffing dog during a routine traffic stop that does not prolong the stop does not … Continue reading

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D.Nev.: Ability to manage day-to-day operations doesn’t give standing over whole business space

(1) “Accordingly, although Defendant had the discretion to manage the day-to-day operation of LLB, the Court finds he did not actually manage the day-to-day operations of the business.” “In this context, ownership of premises alone does not automatically confer standing. … Continue reading

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MS: Never getting ruling on motion to suppress is waiver

A motion to suppress where defendant never seeks a ruling on it is waived. McCollum v. State, 2023 Miss. LEXIS 238 (Sep. 7, 2023). The state search warrant application showed probable cause for a warrant for defendant’s devices for internet … Continue reading

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NM: Suppression issues should not be decided at preliminary hearings

A preliminary hearing isn’t a proper place to resolve potential suppression issues. They happen on a “brisk time line” and the rules of evidence don’t apply to them. This is committed to the pretrial process in the trial courts. State … Continue reading

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OH12: Gerstein violation doesn’t warrant new trial

“Assuming for the sake of argument that Akladyous was in fact improperly detained for more than 48 hours before a probable cause finding was made, such argument would not invalidate his subsequent conviction pursuant to Gerstein.” State v. Akladyous, 2023-Ohio-3105, … Continue reading

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S.D.N.Y.: Employee has no standing in office common area

Under Mancusi v. Deforte, an employee has no standing in the open area of the office where he or she works, as opposed to one’s private office. United States v. Johnson, 2023 U.S. Dist. LEXIS 154559 (S.D.N.Y. Aug. 31, 2023). … Continue reading

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CA5: Arrest of ptf for social media joke about police violated 1A and 4A

Defendant officer’s arrest of plaintiff for terrorizing under state law for a social media post joke about the police violated clearly established law and violated the First Amendment, too. Bailey v. Iles, 2023 U.S. App. LEXIS 22503 (5th Cir. Aug. … Continue reading

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CA3: Def’s possession of rental car with renter’s permission gave standing

“Christopher Montalvo-Flores moved to suppress evidence the Government obtained in its search of his girlfriend’s rental car. The District Court denied his motion, holding that he failed to show he had a reasonable expectation of privacy in that vehicle. We … Continue reading

Posted in Ineffective assistance, Nexus, Reasonable suspicion, Standing | Comments Off on CA3: Def’s possession of rental car with renter’s permission gave standing

TX5 upholds geofence warrant on PC and nexus, and then with GFE

The geofence warrant here satisfied the requirements of both probable cause and the good faith exception. There aren’t a lot of cases on geofence warrants, but those reaching the merits (and not just GFE) fully support the process here of … Continue reading

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N.D.Ohio: Passenger’s false info justified extending stop

“Based upon all of the above, the roughly 2 minutes and 23 seconds that Sergeant Perrin spent trying to determine why the passenger had given his false information was not an unreasonable extension of the duration of stop.” United States … Continue reading

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OH5: “Red screen” on patrol car’s computer screen was RS for def’s LPN

A “red screen” on the police car’s computer screen meant a serious warning about defendant’s LPN, and that justified the stop. State v. Cooper, 2023-Ohio-2897, 2023 Ohio App. LEXIS 2881 (5th Dist. Aug. 18, 2023).* Blocking both ends of an … Continue reading

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FL2: Knock-and-announce not violated by “peaceably” entering through open door

“The record establishes that the doors to Mr. Wallin’s room were ‘completely wide open’ and the officers entered without force to execute a valid arrest warrant. The knock-and-announce requirement in section 901.19(1) did not apply based on the statute’s plain … Continue reading

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