Category Archives: Reasonable suspicion

PA: No REP in data on use of EBT card

Appellant’s argument that the search incident failed because of a lack of an arrest warrant wasn’t presented below so it’s waived. He had no reasonable expectation of privacy in the data on his EBT card that Wawa wouldn’t turn over … Continue reading

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NY3: Judge who issued SW not barred from handling trial

Defendant’s claim that the judge issuing the search warrant couldn’t preside at the trial was not preserved because there was no objection. It would have failed anyway. People v Coston, 2025 N.Y. App. Div. LEXIS 3046 (3d Dept. May 15, … Continue reading

Posted in Dog sniff, Neutral and detached magistrate, Plain view, feel, smell, Reasonable suspicion, Waiver | Comments Off on NY3: Judge who issued SW not barred from handling trial

OH5: Obvious typo in SW paperwork can be overlooked

Obvious typographical error in search warrant papers can be overlooked. State v. Crisp, 2025-Ohio-1718, 2025 Ohio App. LEXIS 1690 (5th Dist. May 13, 2025). Walking away from a police encounter is permitted, but here the officers had reasonable suspicion based … Continue reading

Posted in Automobile exception, Probable cause, Reasonable suspicion, Search, Warrant papers | Comments Off on OH5: Obvious typo in SW paperwork can be overlooked

D.Neb.: Suits against parole board also subject to Heck bar

Suits against parole board members about parole issues are subject to the Heck bar. Also, “Parole board members are absolutely immune from suit, in their individual capacities, when considering and deciding parole questions. Figg v. Russell, 433 F.3d 593, 598 … Continue reading

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MA: SCOTUS isn’t getting ready to get rid of community caretaking function

Because the trial court decided the suppression motion on issues not raised by the parties, the defense gets to argue things he didn’t raise below. The facts here supported the community caretaking function, and the court rejects his suggestion that … Continue reading

Posted in Community caretaking function, Protective sweep, Reasonable suspicion | Comments Off on MA: SCOTUS isn’t getting ready to get rid of community caretaking function

FL1: Judge issuing SW not barred from presiding over trial

Reviewing search warrant applications is a core function of a judicial officer, and that does not qualify as an improper ex parte communication requiring the trial judge to recuse. Writ of prohibition denied. Adelson v. State, 2025 Fla. App. LEXIS … Continue reading

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MI: Exigency for seeking cell phone consent doesn’t require actual knowledge def might destroy evidence on it

Defendant consented to seizure of his cell phone after officers learned there might be child sexual abuse material on it. A search warrant later issued. All this was reasonable. The officer doesn’t have to have evidence that defendant might delete … Continue reading

Posted in Consent, Emergency / exigency, Probable cause, Reasonable suspicion | Comments Off on MI: Exigency for seeking cell phone consent doesn’t require actual knowledge def might destroy evidence on it

FL5: Traffic stops can be based on RS, not PC

Traffic stops can be based on reasonable suspicion, not just probable cause. State v. Howard, 2025 Fla. App. LEXIS 3618 (Fla. 5th DCA May 9, 2025). A light bar on a three wheel off road vehicle was reasonable suspicion for … Continue reading

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W.D.Wash.: Polygraph test of SO can be RS for parole search

Defendant’s showing deception on a sex offender polygraph test while on supervision was reasonable suspicion for a parole search. United States v. Dodd, 2025 U.S. Dist. LEXIS 89064 (W.D. Wash. May 9, 2025):

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OH1: “reasonable suspicion to stop a suspect is not necessarily reasonable suspicion to search them.”

“But reasonable suspicion to stop a suspect is not necessarily reasonable suspicion to search them.” State v. Hall, 2025-Ohio-1644, 2025 Ohio App. LEXIS 1640 (1st Dist. May 8, 2025). The home owner consented to a complete search, and the defendant … Continue reading

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CA4: Where materiality fails under Franks, falsity doesn’t matter

The district court concluded that there was no false statement for Franks purposes, but that doesn’t even have to be decided. It certainly wasn’t material. Hedgepeth v. Nash Cty., 2025 U.S. App. LEXIS 10868 (4th Cir. May 6, 2025).* It … Continue reading

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DC: 2 am parking lot encounter was without RS

A radio dispatch of a suspicious vehicle on an apartment complex’s lot was so broad as to be meaningless. The trial court erred in relying on it. When the officer pulled up on the car, two occupants in the back … Continue reading

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D.Neb.: First time CI was corroborated

This first time CI, arrested the day before, was corroborated and there was probable cause. United States v. Schelling, 2025 U.S. Dist. LEXIS 83754 (D. Neb. May 2, 2025).* There was reasonable suspicion with collective knowledge, and the search warrant … Continue reading

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IL: Actual parole search agreement or waiver not required to be admitted into evidence

When relying on a parole search exception, the state does not have to put the specific document into evidence. Here, also, defendant was transferred on parole from Texas to Illinois. People v. Pyles, 2025 IL App (4th) 240220, 2025 Ill. … Continue reading

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D.R.I.: Presence of police backup doesn’t obviate protective sweep

Despite there being backup at the scene, the protective sweep here is valid. United States v. Antley, 2025 U.S. Dist. LEXIS 78961 (D.R.I. Apr. 25, 2025). The controlled buy gave probable cause for search under the automobile exception. United States … Continue reading

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E.D.Tex.: Gov’t divide-and-conquer RS effort rejected

Defendant’s traffic stop was unreasonably extended without reasonable suspicion. “The Magistrate Judge could see ‘no objectively logical path of deduction that le[d] to reasonable suspicion of criminal activity’ at the Rodriguez moment. Id. at 2. In coming to this conclusion, … Continue reading

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MO: Administrative subpoena to Planned Parenthood was not unreasonable

The AG’s civil investigative demand to Planned Parenthood wasn’t unreasonable as a subpoena. “To comply with the Fourth Amendment’s reasonableness requirement, a CID, which is an administrative subpoena, must (1) comply with the statute authorizing it, (2) seek information that … Continue reading

Posted in Administrative search, Plain view, feel, smell, Reasonable suspicion, Subpoenas / Nat'l Security Letters, Trespass | Comments Off on MO: Administrative subpoena to Planned Parenthood was not unreasonable

OH5: Rental property ordinance can be enforced by admin. SWs

The City of Canton, Ohio has safety and sanitary standards for rental property that are reasonable and can be enforced by a Camara search warrant on administrative probable cause. Dep’t of Dev. Servs. for the City of N. Canton Ohio … Continue reading

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CA7: Post search statement of promise for consent didn’t affect consent to search

“Marcure also asserts that an officer coerced his consent by promising him that no charges would be filed, but even if a statement like this can be coercive, the complaint states that the promise occurred ‘[a]fter the search was finished.’ … Continue reading

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CA4: No downward variance for 4A violation in revocation of supervised release

Defendant was on supervised release and revoked. No downward variance because the search violated the Fourth Amendment and led to dismissal of that separate case. United States v. Corbett, 2025 U.S. App. LEXIS 8758 (4th Cir. Apr. 14, 2025). “In … Continue reading

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