Category Archives: Reasonable suspicion

D.Nev.: Def was handcuffed and in police car, so search incident didn’t apply; it was inevitable, however, inventory would happen

Defendant’s arrest led to a search incident of luggage, but he was handcuffed and in a police car. So, the search incident doctrine can’t apply, but an inventory would have inevitably occurred, so that provides an independent basis for the … Continue reading

Posted in Independent source, Private search, Reasonable suspicion, Search incident, Seizure | Comments Off

NJ: Misapplication of statute to make stop means stop is bad; Heien not yet applied in NJ

The law requires a working taillight. Defendant had one. “The officer’s erroneous application of the functioning taillight requirement was not an objectively reasonable mistake of law.” Therefore, Heien and the objectively reasonable mistake of law doesn’t apply here. The court, … 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

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

WI: Even though RS dissipated before the driver could be asked for DL, it was still reasonable to check all paperwork

Even though reasonable suspicion dissipates on the stop, here because the owner was a woman with a suspended DL but a man was driving, it is still reasonable for the officer to check the paperwork of the driver and car. … Continue reading

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N.D.Iowa: Admissions about one’s own drug use to police during 911 call about unresponsive woman were RS

Police and EMTs responded to a 911 call about an unresponsive woman who later died. At the scene, admissions about defendant’s own drug abuse were made. “The court finds that the information about E.M.’s drug use, particularly when coupled with … Continue reading

Posted in Emergency / exigency, Reasonable suspicion | Comments Off

D.Idaho: Dog sniff by stopping officer prolonged the stop; effort to show RS fails

The totality of circumstances that the government presents fails to show reasonable suspicion. Defendant was subjected to a dog sniff by the stopping officer without it, and the motion to suppress is granted because it prolonged the stop. United States … Continue reading

Posted in Dog sniff, Reasonable suspicion | Comments Off

Salt Lake Tribune: Trooper who thought man’s Mormon music was suspicious and searched his car violated Fourth Amendment, judge says

Salt Lake Tribune: Trooper who thought man’s Mormon music was suspicious and searched his car violated Fourth Amendment, judge says by Aubrey Wieber:

Posted in Dog sniff, Reasonable suspicion | Comments Off

MN: Birchfield not retroactive

Application of Birchfield in Minnesota was determined to be procedural rather than substantive for purposes of retroactive effect. Johnson v. State, 2018 Minn. App. LEXIS 10 (Jan. 2, 2018). Defendant’s detention was with reasonable suspicion. “Considering the totality of the … Continue reading

Posted in Drug or alcohol testing, Reasonable suspicion | Comments Off

NY4: Man with a gun report led police within one minute to couple on street, and def abandoned gun

Police received a call of a man with a shotgun walking with a woman. Officers got there within a minute and saw a couple matching the description. No lights or siren were on. Defendant walked into a grassy area and … Continue reading

Posted in Abandonment, Burden of pleading, Motion to suppress, Reasonable suspicion | Comments Off

NY4: Officer had RS for encounter that def fled from and hid object under leaves in flight

The officer had reasonable suspicion for an encounter and defendant fled from him, hiding an object under leaves in flight which was abandonment. People v. Thacker, 2017 NY Slip Op 09081, 2017 N.Y. App. Div. LEXIS 9104 (4th Dept. Dec. … Continue reading

Posted in Informant hearsay, Reasonable suspicion | Comments Off

D.Utah: Officer-caused 2-sec traffic violation was not RS for stop

The officer’s probably unintentional causing of defendant’s traffic violation made the stop unreasonable. Even if the stop was reasonable, there was no reasonable suspicion for continuing it. United States v. Esteban, 2017 U.S. Dist. LEXIS 211294 (D. Utah Dec. 22, … Continue reading

Posted in Emergency / exigency, Reasonable suspicion | Comments Off

CA10: RS on totality, and most significant factor was occupants’ stories obviously being made up “on the spot”

There was reasonable suspicion on the totality from two factors that didn’t mean a lot on their own (nervousness and unusual travel plans) and one that did: completely inconsistent stories between the driver and passenger obviously being made up “on … Continue reading

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