Category Archives: Reasonable suspicion

OH2: Home safe could be searched under probation search waiver

The probation search of defendant’s home safe was reasonable under Knights, Griffin, and state law. State v. Apple, 2024-Ohio-2286, 2024 Ohio App. LEXIS 2166 (2d Dist. June 14, 2024). There was reasonable suspicion to stop defendant in a car, and … Continue reading

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ID: Still reasonable to rerun LPN information during stop, having done it earlier in day

Earlier in the day before the traffic stop, the officer had already run defendant’s LPN. It was reasonable to do it again during the stop, and this did not unconstitutionally lengthen the stop. State v. Tranmer, 2024 Ida. App. LEXIS … Continue reading

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D.Nev.: Affidavit accompanying cell phone SW provided particularity

If the affidavit accompanies the warrant it can cure particularity problems. Here it did. United States v. King, 2024 U.S. Dist. LEXIS 103299 (D. Nev. June 11, 2024).* Plaintiff stated a claim for arrest without probable cause by the defendant … Continue reading

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DE: Consent to search cell phone after false statement officers had SW was invalid

Defendant’s alleged consent to search his cell phone came after officers told him they had a warrant, which they didn’t, until the next day. Defense counsel was ineffective for not challenging the search. Matthews v. State, 2024 Del. LEXIS 202 … Continue reading

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CA5: Psychological injuries can support a 4A claim; unintended shooting victim has claim

If the facts were resolved against the police here, they violated clearly-established Fourth Amendment law by unjustifiably shooting into an occupied house and hitting an intended victim. Also, psychological injuries may sustain a Fourth Amendment claim. No qualified immunity. Singleton … Continue reading

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CA3: Failure to provide a complete list of all that was seized under a warrant wasn’t justification for suppression

Failure to provide a complete list of all that was seized under a warrant wasn’t justification for suppression. United States v. Jackson, 2024 U.S. App. LEXIS 13913 (3d Cir. June 7, 2024). The dashcam video supported the claim defendant was … Continue reading

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D.V.I.: 19 warning shots from USCG helicopter to effect stop of boat wasn’t unreasonable

The Coast Guard did not use unreasonable excessive force in firing 19 warning shots from a helicopter to get defendants to stop their boat. United States v. Menocal-Mero, 2024 U.S. Dist. LEXIS 99881 (D.V.I. June 5, 2024). Viewing the bodycam, … Continue reading

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CA9: “[T]he Fourth Amendment does not require a warrant to arrest a parole violator.”

“[T]he Fourth Amendment does not require a warrant to arrest a parole violator.” United States v. Carpenter, 2024 U.S. App. LEXIS 13596 (9th Cir. June 5, 2024). The CI for the warrant is not disclosable under Roviaro. United States v. … Continue reading

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CA11: Excessive force claim against USMS Fugitive Task Force barred by Egbert and Bivens

USMS Fugitive Task Force shot and killed a person they were arresting. Under Egbert, there’s no Bivens claim here. Robinson v. Sauls, 2024 U.S. App. LEXIS 13432 (11th Cir. June 4, 2024) (another death knell for Bivens). Defendant abandoned his … Continue reading

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MT: Nervousness and failure to immediately produce DL not RS

There was no reasonable suspicion to extend defendant’s traffic stop by tribal police based on nervousness. “It is not uncommon for individuals to appear nervous when confronted by law enforcement, especially when considering Panasuk’s prior interactions with law enforcement, the … Continue reading

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DC (en banc): Flight in a high crime area alone isn’t RS

“With this opinion, we first reaffirm the division’s [Mayo v. United States, 284 A.3d 403 (D.C. 2022)] predicate holding, uncontested by the government, that Mr. Mayo was seized when the GRU officer dove to tackle him and grabbed his foot, … Continue reading

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AR: RS def rented a hotel room was sufficient for search waiver; PC not required

For determining whether the place searched, here a hotel room, is a probationer’s for a search waiver, reasonable suspicion and not probable cause is the standard to be applied. State v. Bailey, 2024 Ark. 87, 2024 Ark. LEXIS 74 (May … Continue reading

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D.Utah: Police slow walked traffic stop without RS

“The court concludes the officers delayed the stop beyond what the traffic-based mission reasonably demanded, both 1) as a result of a mistakes and a lack of reasonable diligence, and 2) to investigate their suspicions about Said and Saul. These … Continue reading

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UT: RS on a prior day was not RS for stop on day in question

Even assuming the officer had reasonable suspicion defendant was involved in a prior incident, he had no reasonable suspicion for stopping defendant this time. State v. Correa, 2024 UT App 69, 2024 Utah App. LEXIS 69 (May 9, 2024). Petitioner … Continue reading

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VA: Consent to look in backpack permitted search of pill bottle

Defendant’s consent to look in his backpack didn’t require separate consent to look in a pill bottle. Lee v. Commonwealth, 2024 Va. App. LEXIS 258 (May 7, 2024). CBP had reasonable suspicion for the stop of a Jeep meeting four … Continue reading

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NY3: Warrantless arrest body cavity search was unreasonable

Defendant’s arrest body cavity search pulling out heroin was unreasonable. People v. Chase, 2024 NY Slip Op 01837, 2024 N.Y. App. Div. LEXIS 1877 (3d Dist. Apr. 4, 2024). [Sentencing was five years ago, and that should be an embarrassment … Continue reading

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MI: Exclusionary rule doesn’t apply in civil cases; constitutionality of use of drone for zoning enforcement not decided

In the Michigan zoning drone use case, the court finds that the exclusionary rule would not be applied in civil cases, so the constitutionality of use of the drone didn’t need to be decided. Long Lake Twp. v. Maxon, 2024 … Continue reading

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D.Nev.: Exclusionary rule does not apply to IRS violating its operations manual

The exclusionary rule does not apply to the IRS allegedly violating it’s own operations manual. United States v. Pacheco, 2024 U.S. Dist. LEXIS 80448 (D. Nev. May 2, 2024). “Neither party cites, nor have we have found, any published cases … Continue reading

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MO: Initial bail setting under Gerstein not adversarial

An initial bail setting is nonadversarial and informal under the Fourth Amendment, so the court follows Gerstein and finds it not a critical stage. State v. Mills, 2024 Mo. LEXIS 140 (Apr. 30, 2024). The information from identified 911 callers … Continue reading

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D.Alaska: Protective sweep after def’s arrest not justified, but there was exigency otherwise

The entry into the house was reasonable because of exigent circumstances because of ongoing drug operations there. Protective sweep is rejected because the defendant had already been arrested by the time the sweep occurred. United States v. Avitia-Enriquez, 2024 U.S. … Continue reading

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