Category Archives: Reasonable suspicion

D.Haw.: 20 day delay in getting SW for backpack was unreasonable

The seizure of defendant’s backpack for 20 days without seeking a search warrant was unreasonable. It infringed on defendant’s possessory interest, even though he did not seek return of the backpack. United States v. Uu, 2017 U.S. Dist. LEXIS 170636 … Continue reading

Posted in Reasonable suspicion, Reasonableness | Comments Off

VT: Where no testimony supports the trial court’s finding of fact, the finding is clearly erroneous

“One of the findings could be based only on testimony from the officer: ‘Although [defendant's girlfriend] had not expressly stated that [the officer] could come into the house, he interpreted her action as inviting him in.’ There is no testimony … Continue reading

Posted in Reasonable suspicion, Standards of review | Comments Off

MS: SW request was for blood alcohol but SW said drugs too; warrant not unreasonable or overbroad

The showing of probable cause for defendant’s blood testing specified alcohol, but the warrant actually said alcohol or drugs could be tested for. This was not unreasonable considering defendant’s driving which was a part of the probable cause. Roberts v. … Continue reading

Posted in Overbreadth, Reasonable suspicion | Comments Off

E.D.Mo.: Just being around a lot of cops isn’t coercion per se; still found voluntary

While there were a lot of police officers present, defendant doesn’t show that his consent was the product of coercion. It was voluntary. United States v. Long, 2017 U.S. Dist. LEXIS 171660 (E.D. Mo. Aug. 4, 2017),* adopted, 2017 U.S. … Continue reading

Posted in Consent, Reasonable suspicion | Comments Off

CA5: Minivan and FedEx truck meeting up twice in commercial parking lots at 2am when FedEx is never there is RS

Officers had reasonable suspicion for stop of a minivan and a FedEx truck because they met up in a commercial parking lot at 2 am, and the officer on patrol in that area had never seen a FedEx truck at … Continue reading

Posted in Reasonable suspicion | Comments Off

D.Utah: Officer apparently still had DL when consent sought; motion to suppress granted

The record doesn’t show when defendant got his license and paperwork back from the officer before consent was sought, but it all appears that consent was sought when defendant and his passenger would not feel free to leave [or able … Continue reading

Posted in Reasonable suspicion | Comments Off

D.Minn.: Human eye may see what video doesn’t capture, so video not conclusive against officer’s basis for stop

The dashcam video doesn’t support what the officer testified to seeing, but it was a different angle, and the court finds that people can see what a video cannot (citing authority). The audio supports the officer’s basis for the stop, … Continue reading

Posted in Reasonable suspicion | Comments Off

E.D.Cal.: Probation search of cell phone was reasonable condition

Search of defendant’s cell phone as a probation search condition was reasonable. United States v. Canady, 2017 U.S. Dist. LEXIS 169069 (E.D. Cal. Oct. 12, 2017). The officer did not have reasonable suspicion for a seizure of defendant’s vehicle because … Continue reading

Posted in Probation / Parole search, Reasonable suspicion | Comments Off

S.D.N.Y.: Exclusion warranted for stop without RS

Two plainclothes officers jumped out of a car and approached to men who fled. The court finds the officers didn’t identify themselves. This wasn’t reasonable suspicion, and the court finds exclusion warranted for the police conduct. United States v. Bell, … Continue reading

Posted in Exclusionary rule, Reasonable suspicion | Comments Off

OH5: Def’s refusal to stop digging in pockets during traffic stop was RS for frisk

Defendant’s erratic behavior during a stop was reasonable suspicion when he also refused to stop digging around in his pockets. State v. Imani, 2017-Ohio-8113, 2017 Ohio App. LEXIS 4469 (5th Dist. Oct. 5, 2017). The trial court did not err … Continue reading

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