Category Archives: Reasonable suspicion

MI: Automobile repair business is pervasively regulated

The trial court erred in suppressing the search of defendant’s automobile repair business which was a pervasively regulated business. The search was during the work week during regular hours and was for evidence of compliance with the Motor Vehicle Service … Continue reading

Posted in Administrative search, Informant hearsay, Probation / Parole search, Reasonable suspicion | Comments Off on MI: Automobile repair business is pervasively regulated

CA8: No standing to challenge GPS already installed in CS’s car he borrowed

Defendant had no standing to contest installation of a GPS by the CS in the vehicle he loaned to defendant. Jones specifically recognized this. United States v. Dewilfond, 2022 U.S. App. LEXIS 33273 (8th Cir. Dec. 2, 2022). Defendant was … Continue reading

Posted in GPS / Tracking Data, Ineffective assistance, Reasonable suspicion, Standing | Comments Off on CA8: No standing to challenge GPS already installed in CS’s car he borrowed

IN: dog sniff outside a hotel room door was reasonable under the state constitution

A dog sniff outside a hotel room door was reasonable under the state constitution. (And, while other information was illegally gathered, this was enough for the warrant.) Crabtree v. State, 2022 Ind. App. LEXIS 385 (Dec. 1, 2022). Excessive force … Continue reading

Posted in Curtilage, Dog sniff, Excessive force, Reasonable suspicion, School searches | Comments Off on IN: dog sniff outside a hotel room door was reasonable under the state constitution

CA4: Video showed district court’s findings of reasonableness clearly erroneous

The video of this stop contradicted the district court’s findings, and the motion to suppress should have been granted. “Here, however, the video evidence does not support some of Officer Helms’s statements and impressions. As we explain, the district court … Continue reading

Posted in Reasonable suspicion, Warrant execution | Comments Off on CA4: Video showed district court’s findings of reasonableness clearly erroneous

CA3: Fire scene search for potential spread was exigent

The fire department arrived at a kitchen stove fire in an apartment building that was out. Informed of a sparking stove, fireman suspected there could be a fire in the basement. In the basement they found faulty wiring but no … Continue reading

Posted in Administrative search, Emergency / exigency, Informant hearsay, Reasonable suspicion | Comments Off on CA3: Fire scene search for potential spread was exigent

MN: “Deer-in-the-headlights” look is a factor in RS

“But statements about a deer-in-the-headlights facial expression are commonplace in caselaw assessing whether a police officer has articulable, reasonable suspicion to justify a stop under the Fourth Amendment. There are over a dozen federal appellate decisions, including an opinion from … Continue reading

Posted in Abandonment, Reasonable suspicion, Seizure | Comments Off on MN: “Deer-in-the-headlights” look is a factor in RS

D.Minn.: Lindell SW affidavit remains under seal to protect investigation

In the Lindell cell phone search warrant case, the media seeks access to the affidavit. The government has established that, despite the vast public interest, the affidavit should remain sealed while the investigation progresses. In re Search Warrant, 2022 U.S. … Continue reading

Posted in Reasonable suspicion, Reasonableness, Warrant papers | Comments Off on D.Minn.: Lindell SW affidavit remains under seal to protect investigation

M.D.Fla.: Lack of a notary seal on state SW papers is a frivolous 4A issue

The Fourth Amendment argument that lack of a notary seal on Florida search warrant papers makes it void is frivolous. Amalfitano v. United States, 2022 U.S. Dist. LEXIS 209729 (M.D. Fla. Nov. 18, 2022). An officer using a dead man’s … Continue reading

Posted in Consent, Probable cause, Reasonable suspicion, Warrant papers | Comments Off on M.D.Fla.: Lack of a notary seal on state SW papers is a frivolous 4A issue

M.D.Fla.: Positive UA is RS for a search of a probationer’s home

A positive UA is reasonable suspicion for a search of a probationer’s home. United States v. Walker, 2022 U.S. Dist. LEXIS 209507 (M.D. Fla. Oct. 17, 2022). “To prevail on a Fourth Amendment claim for false arrest, Johnson must establish … Continue reading

Posted in Good faith exception, Probation / Parole search, Reasonable suspicion | Comments Off on M.D.Fla.: Positive UA is RS for a search of a probationer’s home

FL1: No REP in words blurted out in ER

Defendant’s blurting out that he’d murdered someone caught on bodycam in the ER wasn’t subject to suppression under the state communications privacy law because there was no reasonable expectation of privacy in the utterance. Reed v. State, 2022 Fla. App. … Continue reading

Posted in Ineffective assistance, Informant hearsay, Reasonable suspicion | Comments Off on FL1: No REP in words blurted out in ER

IL: Smell of burnt mj alone not RS

The smell of burnt cannabis without seeing more is not reasonable suspicion in Illinois. People v. Redmond, 2022 IL App (3d) 210524, 2022 Ill. App. LEXIS 479 (Nov. 15, 2022). On an Anders brief, the inventory search of defendant’s car … Continue reading

Posted in Consent, Inventory, Particularity, Plain view, feel, smell, Probation / Parole search, Reasonable suspicion | Comments Off on IL: Smell of burnt mj alone not RS

N.D.Ga.: Not IAC to not pursue unsettled 4A question

2255 petitioner doesn’t show ineffective assistance of counsel on counsel’s not pursuing a Fourth Amendment claim on an unsettled question of law. That’s professional judgment. He has to show that the issue was clearly meritorious. Brito-Arroyo v. United States, 2022 … Continue reading

Posted in Ineffective assistance, Issue preclusion, Reasonable suspicion | Comments Off on N.D.Ga.: Not IAC to not pursue unsettled 4A question

M.D.Fla.: Lack of clarity of motion to suppress leads to denial

“Defendant’s motion is not a model of clarity.” “As an overarching concern, Defendant has not met his burden to be ‘sufficiently definite, specific, detailed, and nonconjectural’ in presenting a substantial claim as to either warrant.” “Defendant has not presented any … Continue reading

Posted in Burden of pleading, Motion to suppress, Reasonable suspicion | Comments Off on M.D.Fla.: Lack of clarity of motion to suppress leads to denial

E.D.Mo.: Attenuation doctrine can apply to a Rodriguez violation

The attenuation doctrine can apply to a Rodriguez violation. United States v. Wright, 2022 U.S. Dist. LEXIS 203269 (E.D. Mo. Nov. 8, 2022). On the surface, there was no reasonable suspicion for extending this stop. The court sets a hearing. … Continue reading

Posted in Attenuation, Reasonable suspicion | Comments Off on E.D.Mo.: Attenuation doctrine can apply to a Rodriguez violation

CA10: Not unreasonable for state court to not apply exclusionary rule in sentencing

Under the unreasonable application standard of 2254, the Utah court did not unreasonably conclude the exclusionary rule would not be applied in the sentencing phase of a criminal trial. Menzies v. Powell, 2022 U.S. App. LEXIS 30789 (10th Cir. Nov. … Continue reading

Posted in Exclusionary rule, Probable cause, Reasonable suspicion | Comments Off on CA10: Not unreasonable for state court to not apply exclusionary rule in sentencing

GA: Consent to search backpack included laptop inside when def didn’t object

Defendant clearly consented to a search of his backpack. When the officer encountered his laptop and opened it to turn it on, defendant never objected. Winslow v. State, 2022 Ga. LEXIS 297 (Nov. 2, 2022). The underlying facts for reasonable … Continue reading

Posted in Automobile exception, Computer and cloud searches, Consent, Reasonable suspicion, Standards of review | Comments Off on GA: Consent to search backpack included laptop inside when def didn’t object

MD: Two men talking at a car idling in a parking lot in a high-crime residential area at 11:30 pm wasn’t RS

Two men talking with another in a car in a high crime area at 11:30 pm in parking lot in a residential area was not reasonable suspicion. One of the men reached into the car, but there’s no way of … Continue reading

Posted in Consent, Reasonable suspicion | Comments Off on MD: Two men talking at a car idling in a parking lot in a high-crime residential area at 11:30 pm wasn’t RS

D.Neb.: Affidavits for SWs are judged by what they contain, not what they lack

Affidavits for search warrants are judged by what they contain, not what they lack. United States v. Cass, 2022 U.S. Dist. LEXIS 195502 (D. Neb. Sep. 30, 2022), adopted, 2022 U.S. Dist. LEXIS 197043 (D.Neb. Oct. 26, 2022). It was … Continue reading

Posted in Abandonment, Excessive force, Probable cause, Reasonable suspicion, Standards of review | Comments Off on D.Neb.: Affidavits for SWs are judged by what they contain, not what they lack

D.S.D.: Traffic stop immediately moved into being a drug investigation without RS and was unreasonable

Defendant’s stop was for not having an LPN and a cracked windshield. There was a temporary permit for the vehicle and the crack wasn’t obstructing vision. Bringing in a drug dog for a sniff of car was unreasonable. The officer … Continue reading

Posted in Cell phones, Dog sniff, Reasonable suspicion, Standing | Comments Off on D.S.D.: Traffic stop immediately moved into being a drug investigation without RS and was unreasonable

N.D.Okla.: Local officer’s arresting in Indian country prior to McGirt was with good faith

A local officer’s arrest of an Indian in Indian country prior to McGirt was with good faith. United States v. Little, 2022 U.S. Dist. LEXIS 192907 (N.D. Okla. Oct. 24, 2022). Drug interdiction officers working the Detroit Greyhound station because … Continue reading

Posted in Arrest or entry on arrest, Good faith exception, Reasonable suspicion, Reasonableness | Comments Off on N.D.Okla.: Local officer’s arresting in Indian country prior to McGirt was with good faith