Category Archives: Reasonable suspicion

PA: Birchfield doesn’t prevent evidence of refusal

“[W]e conclude the ‘evidentiary consequence’ provided by Section 1547(e) for refusing to submit to a warrantless blood test — the admission of that refusal at a subsequent trial for DUI — remains constitutionally permissible post-Birchfield. We therefore affirm the order … Continue reading

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D.N.H.: Directing def to get out of his car after completion of all the tasks with the stop was to prolong it, not for safety reasons

At the point the stop should have been over because nothing was awry, directing defendant to get out of the car for a patdown that led to a finding of a wad of cash prolonged the stop under Rodriguez. “Rather, … Continue reading

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Cal.3: Broad electronic parole search condition was reasonable and related to the crime

Defendant was convicted of identity theft and he had an electronic search condition for his release. The computer search release condition was reasonable and not overbroad, and it was related to the underlying crime and how it was committed. People … Continue reading

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W.D.Ark.: Speaking Spanish isn’t even a factor in RS or PC for a vehicle search

The fact the driver of a car spoke Spanish was not reasonable suspicion or probable cause because at least 10% of the U.S. population speaks Spanish. The search of the car was without probable cause, and the exclusionary would be … Continue reading

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CO: Officer’s statement there was PC for a SW was irrelevant at trial

Whether there was probable cause for a search warrant is irrelevant at trial and should not be admitted. This was a part of defendant’s cumulative error argument. Howard-Walker v. People, 2019 CO 69, 2019 Colo. LEXIS 573 (July 1, 2019). … Continue reading

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IA: Where owner of car was female and had a suspended license, a stop was reasonable when a woman and three men got into it

Officers knew the owner of the car was female, and there was a woman in the group that got into it, so, for reasonable suspicion purposes, it was reasonable to believe she might be driving and stop the car where … Continue reading

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The Crime Report: Stop and Fix? How the ‘High-Crime Area’ Defense Has Licensed Bad Policing

The Crime Report: Stop and Fix? How the ‘High-Crime Area’ Defense Has Licensed Bad Policing by James M. Doyle:

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CA11: “Rule 41(g) is not an appropriate vehicle for the return of property seized by civil forfeiture.”

“Rule 41(g) is not an appropriate vehicle for the return of property seized by civil forfeiture.” United States v. Bynum, 2019 U.S. App. LEXIS 17510 (11th Cir. June 12, 2019). Defendant’s claim there was a reasonable expectation of privacy as … Continue reading

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RI: IP address in CP case is PC for the premises

Rhode Island decides for the first time that IP information in a child pornography case is probable cause for the building at that location. Yes, it could be another person at that address, but that’s not the point. In re … Continue reading

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Cal.4: Anticipating that def would drive without headlights isn’t RS for a stop

Defendant was stopped for being parked with only foglights on, the officer thinking that he was about to drive without headlights on, but the stop wasn’t justified. (A kind of anticipatory reasonable suspicion.) People v. Kidd, 2019 Cal. App. LEXIS … Continue reading

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D.Me.: False name justified extending traffic stop for dog sniff

“The dog sniff began roughly 12 minutes and 45 seconds into the traffic stop. At that point, Martin had provided two driver’s licenses that spelled his name differently and had verbally provided a separate birth date that did not match … Continue reading

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IL: Delaying stop to call car rental company wasn’t reasonable

Defendant was driving a Hertz rental car, and the delay of the stop to call Hertz was not within the mission of a traffic stop for speeding. “Similarly, we reject the State’s argument that the call to Hertz can be … Continue reading

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