Category Archives: Reasonable suspicion

D.Utah: Automobile exception permits search under the hood

The automobile exception permits a search under the hood, even if it is not the most likely spot to found drugs and a weapon. Here, a clip was found in the car, and the gun it belonged to under the … Continue reading

Posted in Automobile exception, Reasonable suspicion | Comments Off on D.Utah: Automobile exception permits search under the hood

D.Kan.: Cross-designated state-federal officer was “federal officer” for assault charge during execution of SW

Assaulting a state officer cross-designated as a federal officer qualified for assaulting a federal officer during execution of a search warrant. United States v. Butler, 2024 U.S. Dist. LEXIS 36172 (D. Kan. Mar. 1, 2024). The state courts did not … Continue reading

Posted in Franks doctrine, Reasonable suspicion, Unreasonable application / § 2254(d), Warrant execution | Comments Off on D.Kan.: Cross-designated state-federal officer was “federal officer” for assault charge during execution of SW

N.D.W.Va.: “[T]he purpose of a motion to suppress is not to challenge the sufficiency or admissibility of evidence.” That’s for a motion in limine

“[T]he purpose of a motion to suppress is not to challenge the sufficiency or admissibility of evidence. See U.S. v. Musgrave, 726 F. Supp. 1027 (W.D.N.C. 1989) (‘As the Government contends … evidentiary issues are better addressed at trial through … Continue reading

Posted in Admissibility of evidence, Reasonable suspicion | Comments Off on N.D.W.Va.: “[T]he purpose of a motion to suppress is not to challenge the sufficiency or admissibility of evidence.” That’s for a motion in limine

C.D.Cal.: Franks challenge succeeds in FIPF case

The search warrant for felon in possession was based on the officer affiant’s assertion defendant was a convicted felon but it was based on evaluation of paperwork from Georgia that showed he was a first offender without judgment of guilt … Continue reading

Posted in Franks doctrine, Reasonable suspicion | Comments Off on C.D.Cal.: Franks challenge succeeds in FIPF case

CA7: CI identity irrelevant because of controlled buys

This case is about fentanyl on defendant’s person, so the identity of the CI that led police to him is irrelevant under Roviaro. Controlled buys justified his arrest. United States v. Johnson, 2024 U.S. App. LEXIS 4450 (7th Cir. Feb. … Continue reading

Posted in Informant hearsay, Private search, Reasonable suspicion | Comments Off on CA7: CI identity irrelevant because of controlled buys

D.S.C.: Speeding stop justified even if dashcam video is inconclusive

The stop was justified: “In this case, although the dash cam footage is inconclusive of Officer Dudley’s visual estimate of speed, no evidence was put forth that cast doubt on Officer Dudley’s ability to estimate speed. Further, additional indicia of … Continue reading

Posted in Prison and jail searches, Probable cause, Reasonable suspicion | Comments Off on D.S.C.: Speeding stop justified even if dashcam video is inconclusive

CA5: Burden on def to show smell of MJ in car was from lawful use

If one is claiming that prior use of marijuana in the car is lawful, thus defeating probable cause, the burden is on him or her. United States v. Goldsmith, 2024 U.S. App. LEXIS 4405 (5th Cir. Feb. 26, 2024).* [Except … Continue reading

Posted in Plain view, feel, smell, Probable cause, Reasonable suspicion | Comments Off on CA5: Burden on def to show smell of MJ in car was from lawful use

OH1: Trial court erred in not suppressing when officer couldn’t remember the basis of stop

Defendant satisfied his burden of pleading by stating the stop was without justification. At the hearing on the motion to suppress this OVI case, the officer couldn’t remember why defendant was stopped. The trial court erred in not suppressing. State … Continue reading

Posted in Burden of proof, Plain view, feel, smell, Reasonable suspicion | Comments Off on OH1: Trial court erred in not suppressing when officer couldn’t remember the basis of stop

OH4: Officer saying he had PC to search when he didn’t made search without consent

“We find that the detective did have reasonable suspicion to make an investigative stop of Stephenson’s vehicle based on the information provided by an informant. However, the detective lacked probable cause to search the vehicle and the purported ‘consent’ that … Continue reading

Posted in Consent, Custody, Probable cause, Reasonable suspicion | Comments Off on OH4: Officer saying he had PC to search when he didn’t made search without consent

W.D.Mo.: Unless SW overseizure is in bad faith or with reckless disregard, the entire search doesn’t fail, just the overseizure (but not always)

An overseizure during execution of a search warrant does not lead to suppression of that which was lawfully seized. If anything, just the stuff that was overseized. Here, there was obviously a huge amount of paper seized, and it was … Continue reading

Posted in Overseizure, Reasonable suspicion, Scope of search | Comments Off on W.D.Mo.: Unless SW overseizure is in bad faith or with reckless disregard, the entire search doesn’t fail, just the overseizure (but not always)

CA5: Facts of this alleged Rodriguez violation get QI

Plaintiff was stopped on I-40 and then he later sued complaining the stop was continued too long. On the facts he presents, it was not clearly established that the continuation of this stop was unreasonable. Weisshaus v. Teichelman, 2024 U.S. … Continue reading

Posted in Qualified immunity, Reasonable suspicion | Comments Off on CA5: Facts of this alleged Rodriguez violation get QI

DE: Def can’t show vindictive prosecution to get names of those who allegedly provided false information to police for SW of public records

In a case involving a public official accused of misappropriating funds, there was a search warrant for office records. She claimed she was entitled to the names of those who might have provided false information to investigators for the warrant … Continue reading

Posted in Franks doctrine, Informant hearsay, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on DE: Def can’t show vindictive prosecution to get names of those who allegedly provided false information to police for SW of public records

N.D.Ohio: Drug lab results from controlled buy not required for PC

The government had probable cause for the search warrant for defendant’s house despite the fact that the drugs previously bought from him hadn’t come back from testing at the crime lab. United States v. Clark, 2024 U.S. Dist. LEXIS 24651 … Continue reading

Posted in Burden of pleading, Burden of proof, Probable cause, Reasonable suspicion | Comments Off on N.D.Ohio: Drug lab results from controlled buy not required for PC

D.Minn.: Neither PC nor RS required to look into a stopped vehicle’s windows

Neither probable cause nor reasonable suspicion required to look into a stopped vehicle’s windows. United States v. Walker, 2024 U.S. Dist. LEXIS 22075 (D. Minn. Feb. 8, 2024). Defendant’s social media account with pictures of him holding guns and recorded … Continue reading

Posted in Plain view, feel, smell, Probable cause, Reasonable suspicion | Comments Off on D.Minn.: Neither PC nor RS required to look into a stopped vehicle’s windows

S.D.Ill.: Odor of marijuana coming from a car is PC in this federal circuit even if it’s maybe not in state court anymore because of recreational use

The odor of marijuana coming from a car is probable cause in this circuit even if it’s maybe not be in state court anymore. United States v. Toney, 2024 U.S. Dist. LEXIS 20838 (S.D. Ill. Feb. 6, 2024). Qualified immunity … Continue reading

Posted in Plain view, feel, smell, Probable cause, Qualified immunity, Reasonable suspicion | Comments Off on S.D.Ill.: Odor of marijuana coming from a car is PC in this federal circuit even if it’s maybe not in state court anymore because of recreational use

C.D.Cal.: Gang tattoo, baggy clothing, high crime area was RS

“Here, Officer Wardle considered an amalgam of factors: Ortiz was stopped in a high-crime area; he had a clearly visible gang tattoo; and he was wearing baggy clothing capable of concealing a weapon. While the Officers in this case did … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion | Comments Off on C.D.Cal.: Gang tattoo, baggy clothing, high crime area was RS

CA10: USMS Fugitive Task Force sufficiently different to not fall under Bivens

The USMS is sufficiently different from the defendants in Bivens to justify Bivens not applying where there was an alleged illegal entry of the Fugitive Task Force. Also, there are alternative administrative remedies. Logsdon v. United States Marshal Serv., 2024 … Continue reading

Posted in § 1983 / Bivens, Informant hearsay, Reasonable suspicion | Comments Off on CA10: USMS Fugitive Task Force sufficiently different to not fall under Bivens

CA11: Failure to object to USMJ’s 4A analysis in R&R is waiver

Failure to object to the U.S. Magistrate Judge’s factual and legal conclusions on the search claim in the R&R is waiver. Thus he “waived his right to appeal the conclusions in the R&R.” Summarily affirmed. United States v. Kelly, 2024 … Continue reading

Posted in Knock and talk, Reasonable suspicion, Waiver | Comments Off on CA11: Failure to object to USMJ’s 4A analysis in R&R is waiver

CA9: Questioning motorist about probation status for 10 seconds and safety reasons was reasonable

Questioning defendant about his probation or parole status, albeit for about 10 seconds and clearly for safety reasons, did not unreasonably extend the stop. United States v. Beltran, 2024 U.S. App. LEXIS 2003 (9th Cir. Jan. 30, 2024). There was … Continue reading

Posted in Issue preclusion, Probation / Parole search, Reasonable suspicion | Comments Off on CA9: Questioning motorist about probation status for 10 seconds and safety reasons was reasonable

IL: A detention hearing right after arrest is not the place for a suppression hearing

A detention hearing right after arrest is not the place for a suppression hearing. Thus, the detention hearing court did not err in not considering Fourth Amendment issues. People v. Parker, 2024 IL App (1st) 232164, 2024 Ill. App. LEXIS … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion, Suppression hearings, Warrant papers | Comments Off on IL: A detention hearing right after arrest is not the place for a suppression hearing