Category Archives: Reasonable suspicion

S.D.Ill.: Officer’s intentional delay in ticketing process made stop violate Rodriguez

Officer’s intentionally delaying the ticket writing process until the drug dog was on its way was intentional delay without reasonable suspicion under Rodriguez. United States v. Rodriguez-Escalera, 2017 U.S. Dist. LEXIS 95848 (S.D. Ill. June 21, 2017):

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D.P.R.: Officer found not believable on facts allegedly leading to RS

The court finds the officer not credible that the defendant picked up a gun and put in his pocket and there was thus no reasonable suspicion for his detention. United States v. Cruz-Montañez, 2017 U.S. Dist. LEXIS 96079 (D. P.R. … Continue reading

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D.Md.: Off-duty police officer’s in-person tip of possible DWI was RS

Off-duty police officer’s in person tip of possible drunk driver was reasonable suspicion for stop. United States v. Hernández-Ayala, 2017 U.S. Dist. LEXIS 95387 (D. Md. June 21, 2017). “[T]his Court also finds under the totality of the circumstances that … Continue reading

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PA: Nervousness alone isn’t reasonable suspicion

Nervousness alone isn’t reasonable suspicion. Commonwealth v. Morrison, 2017 PA Super 194, 2017 Pa. Super. LEXIS 456 (June 21, 2017). Officers plainly had probable cause to search defendant’s apartment, as the affidavit for the search warrant application stated that there … Continue reading

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CA3: Search of prison cell didn’t violate 4A

The search of plaintiff’s prison cell and confiscation of some of his stuff wasn’t a Fourth Amendment violation. Barndt v. Wenerowicz, 2017 U.S. App. LEXIS 10754 (3d Cir. June 19, 2017).* The officer here saw a vehicle parked outside a … Continue reading

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DE: Video doesn’t support state’s claim of consent; smell of MJ gave PC

The dashcam video supports the fact the license plate light was out. The court rejects the state’s argument for consent because the video doesn’t even support it. Instead, the smell of marijuana and defendant’s admission he recently smoked gave probable … Continue reading

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D.Haw.: Possible new evidence on search issue for motion for new trial doesn’t change outcome

Defendant’s motion for new trial based on possible new evidence for litigating the search and seizure claim under F.R.Crim.P. 33 is denied because it doesn’t change the outcome. United States v. Kapahu, 2017 U.S. Dist. LEXIS 88922 (D. Haw. June … Continue reading

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OR: There is no state constitutional requirement the state get a telephonic warrant to avoid exigency

The state showed adequate evidence that it would take 4-5 hours to obtain a search warrant in this case, and that was enough to show exigency here. The defense put on proof that the state could have obtained a telephonic … Continue reading

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OH8: Checking under the hood during an inventory search is reasonable

Checking under the hood during an inventory search is reasonable. State v. Lewis, 2017-Ohio-4300, 2017 Ohio App. LEXIS 2352 (8th Dist. June 15, 2017). The totality and detail of information from the CI provided the police reasonable suspicion to stop … Continue reading

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AK: Driver’s running from a traffic stop alone didn’t create RS to frisk or search passengers

The driver of the pickup defendant was riding in was stopped for a seatbelt violation, and the driver fled on foot. The Alaska State Trooper gave chase but couldn’t keep up. He came back to the vehicle where the two … Continue reading

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