Category Archives: Reasonable suspicion

NC: 30 years of satellite based monitoring of this convicted sex offender was unreasonable

30 years of satellite based monitoring of this convicted sex offender was unreasonable under Grady v. North Carolina and subsequent state cases. State v. Griffin, 2020 N.C. App. LEXIS 139 (Feb. 18, 2020). The trial court credited the officer’s testimony … Continue reading

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CA9: Conducting a frisk in such a way it inflicts pain can state a claim

“In this case, Borawick and Appellees have raised genuine disputes of material fact over whether there was an objective basis to believe that Borawick was a danger to the officers or to the public; whether a reasonable officer, having been … Continue reading

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N.D.Iowa: If a vehicle’s registration comes back to an unlicensed owner there is reasonable suspicion for the stop even if SCOTUS holds otherwise in Glover because of GFE

If a vehicle’s registration comes back to an unlicensed owner, there is reasonable suspicion for the stop even if SCOTUS holds otherwise in Kansas v. Glover. Probable cause developed after the stop. United States v. Legarrea, 2020 U.S. Dist. LEXIS … Continue reading

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CA5: A dead man is not one of the “people” of the 4A

The estate of a dead man has no Fourth Amendment claim for a search warrant allegedly unreasonably obtained after the death for aggravated assault by the deceased allegedly “‘as a pretext for investigation into [Mr.] Blanchard’s history’ and to ‘besmirch … Continue reading

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SC: Def’s encounter with police after getting off bus was consensual and led to a valid frisk

Defendant rode a “Chinese bus line,” a bus that runs from NYC’s Chinatown and doesn’t stop at traditional bus stations. The police know that criminals ride this bus to avoid scrutiny. In Charleston, police were waiting and one person with … Continue reading

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N.D.Cal.: Smell of raw MJ from passenger compartment wasn’t RS in California

The stop was justified by a lane change violation on Lombard Street in San Francisco, but the continuation of the stop lacked any reasonable suspicion. Defendant was driving a rental car that had been loaned to the passenger whose mother … Continue reading

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W.D.N.C.: RS arose from domestic argument officer could hear

The officer responded to what sounded like a fight and that was reasonable suspicion. Added to that was defendant’s furtive movements when the officer got there. Defendant’s actions also supported a protective search of the vehicle. United States v. Blount, … Continue reading

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GA: Responding to knock at the door and standing back when entrance demanded is mere acquiescence and not consent

Defendant responded to a knock at his door, and answering the knock is not implied consent to enter. Officers couldn’t rely on defendant’s probation search waiver because they weren’t aware of it. “ Moreover, viewed in the light most favorable … Continue reading

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CA6: Def’s volunteering to officer “he was working with a DEA agent but because his status was classified” contributed to RS

“But even assuming the officers had exceeded the time needed to handle the traffic stop, Officer Ullrich had reasonable suspicion to use the drug dog. As Officer Ullrich approached Jackson’s car after making the traffic stop, Jackson made numerous unprompted … Continue reading

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W.D.Mo.: Furtive movement as car was stopping was RS

Defendant’s furtive movement as car stopped was reasonable suspicion. United States v. Young, 2020 U.S. Dist. LEXIS 21367 (W.D. Mo. Jan. 22, 2020). Comparing numbers from search warrant obtained text and call history and CSLI for defendant’s phone provided probable … Continue reading

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S.D.Fla.: Radio report of a gun brought police to def, and his furtive movement was then RS

Stop and frisk was with reasonable suspicion. “Having received a radio communication that Defendant appeared to be armed and having observed Defendant reaching toward his waist in a manner consistent with reaching towards an area of the body where individuals … Continue reading

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MO: Def’s stop became a seizure with RS and search of backpack was without PC

Defendant was stopped walking with another to a hotel in Columbia, Missouri by an officer pulling up behind them and turning on the patrol car’s emergency lights. Back up arrived, and defendant and his companion were told to put the … Continue reading

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