Category Archives: Reasonable suspicion

D.Nev.: Def failing to immediately stop and drawing officers deep into a parking lot added to RS

While the question is close, “I find that Pappas had reasonable suspicion that Eddards was armed and dangerous. While performing proactive gang enforcement in an area plagued by crimes being committed in rental cars, Pappas and Nahum attempted to pull … Continue reading

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MO: Computer check showing LPN expired was RS despite apparent valid sticker

There was reasonable suspicion for defendant’s stop based on a computer check of his LPN which showed it had expired. The sticker, however, showed it was current. The officer could make the stop to check whether it was counterfeit, something … Continue reading

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D.Mass.: Calling def’s cell phone from a seized cell phone’s recent call log wasn’t a search

Dialing defendant’s cell phone from the call log of a seized cell phone was not a search. If defendant wanted his number to remain private, he should block the number or turn off the phone. United States v. Katana, 2021 … Continue reading

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OH5: If suppression court goes off on an unaddressed issue, the parties get to respond

If the trial court in a suppression hearing goes off in another direction not raised by the parties, the parties get to respond. Here, the state was on notice. State v. Arthur, 2021-Ohio-104, 2021 Ohio App. LEXIS 100 (5th Dist. … Continue reading

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CA11: Standing required for 41(g) motion for return of property

The district court did not abuse its discretion in declining equitable jurisdiction under Rule 41(g) for lack of a threshold showing of standing and justiciability. United States v. Stoune, 2021 U.S. App. LEXIS 1178 (11th Cir. Jan. 15, 2021). The … Continue reading

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CA10: 4A imposes no duty for officer to seek out a video to confirm PC officer already has

Before an officer files a criminal complaint, there is no constitutional duty to review potential video of the occurrence. The video here wasn’t quickly accessible to the officer. Here, there was probable cause and this other constitutional claim is not … Continue reading

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OR: With recreational MJ, the odor of MJ in a rental car is not RS for trafficking

In a recreational marijuana state, “We are unprepared to say that, as to any person driving a rental car on a public highway in Oregon that is also used by drug traffickers, any odor of marijuana gives rise to reasonable … Continue reading

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E.D.Tenn.: Def’s car that others were known to drive being outside house of another wasn’t reasonable belief he was there

Officers did not have a reasonable belief defendant was on the premises of another just because he was seen there a month earlier and what was somewhat believed to be his car was parked out outside just before the entry. … Continue reading

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E.D.Cal.: 8A applies to excessive force claims in prison

The Eighth Amendment applies to excessive force claims in prison; the Fourth Amendment to free worlders. Rodriguez v. United States, 2021 U.S. Dist. LEXIS 4100 (E.D. Cal. Jan. 7, 2021). The court believes the officer over the defendant on whether … Continue reading

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NY: Tenants can consent to a rental property inspection

In a rental property inspection, the tenants consented, and that was constitutionally sufficient. Town of Huntington v. CFLNYNY, LLC, 2021 NY Slip Op 50009(U), 2021 N.Y. Misc. LEXIS 27 (Suffolk Co. Jan. 7, 2021).* There was probable cause for a … Continue reading

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E.D.Tenn.: Address wasn’t required where picture of property was in SW

Defendant’s address wasn’t included in the affidavit for the search warrant, but its picture was and there was no mistake on the place searched. That was sufficient. United States v. Lingo, 2021 U.S. Dist. LEXIS 3861 (E.D. Tenn. Jan. 8, … Continue reading

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D.Del.: Videotaping an otherwise valid prison strip search isn’t a per se 4A violation

“Plaintiff does not allege that the search itself violated his rights but, rather, it is the recording of the search that he finds objectionable.” “[U]sing a camera to record a strip search in a prison does not, by itself, amount … Continue reading

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D.Minn.: When nexus of drugs to a residence is established, it can move with the def

If defendant moves and nexus to his residence and drugs has been established, it is a reasonable inference that the drugs went with the move. United States v. Hudson, 2020 U.S. Dist. LEXIS 246482 (D. Minn. Dec.19, 2020). “On the … Continue reading

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OR: With recreational marijuana, the smell alone isn’t RS or PC

Because possession of recreational marijuana is legal in Oregon, the smell alone is not reasonable suspicion. Here, however, there was reasonable suspicion based on additional facts of attempted concealment. State v. T.T. (In re T.T.), 308 Ore. App. 408 (Jan. … Continue reading

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CA5: Independent RS obviated govt’s reliance on collective knowledge

“First, we need not address the collective-knowledge doctrine. The police officer who initiated the traffic stop developed reasonable suspicion of a straw purchase through his own questioning and discovery of the firearm in Perez’s trunk after Perez lied about having … Continue reading

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N.D.Ind.: Ptf’s 4A claim wasn’t sufficiently articulated to state a claim

“Mr. Ryan also alleges that there wasn’t any ‘adversarial pursuit of the Fourth Amendment’s protection of privacy can not be invalidated simply because a person’s right to want to be private evidences unlawful activity because the person does not want … Continue reading

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