Category Archives: Reasonable suspicion

CA5: Even if parole search was to aid criminal investigation, it was still reasonable

Even if defendant’s parole search was in aid of a criminal investigation, it was still reasonable. United States v. Barron, 2024 U.S. App. LEXIS 6336 (5th Cir. Mar. 15, 2024). A warrant after a shooting showed no probable cause for … Continue reading

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CA2: Supervised release search condition not adequately addressed on the record

“We conclude that the ‘special needs’ doctrine of the Fourth Amendment permits, when sufficiently supported by the record, the imposition of a special condition of supervised release that allows the probation officer to conduct a suspicionless search of the defendant’s … Continue reading

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NYTimes: Does Having a Gun Make a Person Suspicious? Courts Aren’t Sure Now.

NYTimes: Does Having a Gun Make a Person Suspicious? Courts Aren’t Sure Now. by Karen Zraick (“A U.S. Supreme Court ruling that could allow more New Yorkers to carry guns is raising thorny questions and has jeopardized at least one … Continue reading

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MO: Collective knowledge for RS doesn’t require that every witness be called at the suppression hearing

Collective knowledge for reasonable suspicion doesn’t require that every witness be called at the suppression hearing. “While Appellant seemingly takes issue with the fact that the officer who took Victim’s report did not also testify, the Hensley test only requires … Continue reading

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W.D.Tex.: No REP in tent where def was trespassing

Where defendant was staying in a tent on TXDOT property with no trespassing signs, he had no reasonable expectation of privacy when an officer opened the tent flap and saw marijuana and a gun. He was a felon in possession. … Continue reading

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AR: Computer crash losing drug dog’s performance record doesn’t doom search

The loss of the drug dog’s performance record from a computer crash didn’t make the dog’s alert on the highway unreasonable because those records are of marginal importance. The circuit court resolved credibility questions. No inference of spoliation will be … Continue reading

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D.Ariz.: Govt’s civil discovery demands don’t implicate the 4A

When the government is sued, its discovery demands do not implicate the Fourth Amendment. Arizona Yage Assembly v. Barr, 2024 U.S. Dist. LEXIS 42197 (D. Ariz. Feb. 22, 2024). The obtaining of defendants CSLI before Carpenter was lawful then, and … Continue reading

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KS: No basis for a stop of car in a local park under “public safety exception”

A public safety stop is well recognized, deriving from Cady. “In this case, however, the facts do not support a valid safety stop. The deputy stated he was concerned because it was dark, it was late, the car was parked … Continue reading

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Cal.2d: Questions posed during a traffic stop while waiting for the records check do not extend the stop

Questions posed during a traffic stop while waiting for the records check to come back do not extend the stop. People v. Felix, 2024 Cal. App. LEXIS 154 (2d Dist. Mar. 7, 2024). Defendant’s bad search claim as part of … Continue reading

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W.D.N.C.: Def agreed to electronic monitoring as a condition of release

Defendant agreed to electronic monitoring as a condition of release, so it was admissible in evidence. United States v. Anthony, 2024 U.S. Dist. LEXIS 40422 (W.D.N.C. Mar. 6, 2024). Defendant’s improper lane change was seen in the rearview mirror, so … Continue reading

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Cal.2d: Questions posed during a traffic stop while waiting for the records check to come back do not extend the stop

Questions posed during a traffic stop while waiting for the records check to come back do not extend the stop. People v. Felix, 2024 Cal. App. LEXIS 154 (2d Dist. Mar. 7, 2024). Defendant’s bad search claim as part of … Continue reading

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CA10: SW for house included detached garage next to it without even mentioning it

The search warrant for defendant’s house included the detached garage on the curtilage without having to mention it. United States v. Ronquillo, 2024 U.S. App. LEXIS 5489 (10th Cir. Mar. 7, 2024). “And the Department of Homeland Security officers did … Continue reading

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MO: Detox civil detention justified inventory search of the person

Detox civil detention justified inventory search of the person the same as jailing an alleged offender. State v. Williams, 2024 Mo. App. LEXIS 131 (Mar. 5, 2024). Some of the information in the affidavit didn’t provide a time frame, but … Continue reading

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N.D.Ohio: The residence had two front doors but could not be definitively determined to be two residences before search; search still valid when it was two

The residential building searched had two front doors but one address. This suggested that it might be two residences, but police investigating couldn’t find any indication that it was two, not one. In any event, the warrant was based on … Continue reading

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NYTimes: Do You Have to Let the National Guard Search Your Bag on the Subway?

NYTimes: Do You Have to Let the National Guard Search Your Bag on the Subway? by Maria Cramer and Hurubie Meko (“Gov. Kathy Hochul would not say how long she planned to keep hundreds of soldiers and state police officers … Continue reading

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D.Minn.: Cell phone that govt can’t open not in its possession for discovery purposes

Defendant’s cell phone is in the possession of the government but it can’t search it because they don’t have the pass code. Defendant’s request for discovery of the phone under Rule 16 is denied because the contents of the phone … Continue reading

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GA: Officer didn’t have to distinguish between smell of MJ, hemp, and CBD to have PC to search car

Under existing precedent, the smell of suspected marijuana couldn’t be distinguished between hemp and CBD, and that was still probable cause for search of the car. Coverstone v. State, 2024 Ga. App. LEXIS 90 (Mar. 4, 2024). “First, Officer Murphy … Continue reading

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CA9: Two controlled buys by others afterward going to def’s house was nexus

Nexus to defendant’s house was shown by two controlled buys with others who traveled back to his house afterward. United States v. Espinoza, 2024 U.S. App. LEXIS 5147 (9th Cir. Mar. 4, 2024). “The warrant for appellant’s medical records was … Continue reading

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N.D.Ohio: Being the target of a search doesn’t automatically establish standing

Being the target of a search doesn’t automatically establish standing. There were four packages here sent under assumed names to assumed names. The anticipatory warrant was based on probable cause. United States v. Taylor, 2024 U.S. Dist. LEXIS 36749 (N.D. … Continue reading

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M.D.Pa.: Ordering driver out of car doesn’t extend it for Rodriguez purposes

Ordering the driver out of the car is incidental to the mission of the stop and doesn’t extend it for Rodriguez purpses. United States v. Brabham, 2024 U.S. Dist. LEXIS 36681 (M.D. Pa. Mar. 1, 2024). While the smell of … Continue reading

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