Category Archives: Reasonable suspicion

N.D.Tex.: RS came from “extreme nervousness, conflicting stories, and the fact that he was traveling along a drug trafficking corridor”

“The government proved by a preponderance of the evidence that Trooper Styles developed reasonable suspicion of additional criminal activity during the initial stop and before Roberts consented to Trooper Styles’s request to search the Jeep. The facts of this case … Continue reading

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UT: While the CI’s stories alone were weak, police corroborated them

The two CI’s stories were weak in themselves, but the police succeeded in corroborating enough to rise to probable cause. State v. Matheson, 2018 Utah App. LEXIS 66 (Apr. 13, 2018).* Hitting the lane dividing line was justification for the … Continue reading

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FL2: Def stopped in the driveway where package of MJ was to delivered was without RS

“A mysterious parcel package was intercepted while en route to be delivered. It contained approximately ten pounds of marijuana. Someone sent the package. Someone was presumably going to pick it up. The principal question this appeal presents is whether investigating … Continue reading

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OH7: Driving on a suspended license doesn’t justify search incident of the car

Driving on a suspended license does not justify a search incident of his vehicle. Even worse, however, there was no justification for the arrest anyway. He was interrogated while handcuffed and admitted that there was heroin in his shoe. There … Continue reading

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IL: Def’s actions after stop to inquire rose to RS

Police encountered defendant and others in a car in a neighborhood where it didn’t seem to belong. The officers pulled up next to their car and talked. Based on furtive movements, the officer believed that defendant had a gun he … Continue reading

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D.S.C.: Considering the totality, there was no RS for defs’ detention for a dog sniff

“After consideration of the testimony presented during multiple lengthy suppression hearings, a thorough analysis of the relevant caselaw, and a careful review of the dashcam video of the traffic stop, the court grants the motion to suppress. The court finds … Continue reading

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N.D.Ind.: A motion for new trial is too late to raise new grounds to suppress

Defendant litigated a motion to suppress and lost. In a motion for new trial, he raised new grounds, and this is rejected as untimely. United States v. Bishop, 2018 U.S. Dist. LEXIS 57353 (N.D. Ind. Apr. 4, 2018). Defendant’s stop … Continue reading

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CA8: Stop of car apparently leaving scene of crime was valid

There was reasonable suspicion for defendant’s stop based on the fact the vehicle matched the description of one leaving the scene of a robbery by time and proximity, too. United States v. Daniel, 2018 U.S. App. LEXIS 8504 (8th Cir. … Continue reading

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OH9: Running drug dog around car during computer check didn’t delay the stop

Running a drug dog around defendant’s car while the computer check is going on didn’t delay the stop. State v. Torres, 2018-Ohio-1173, 2018 Ohio App. LEXIS 1274 (9th Dist. Mar. 30, 2018). The inclusion of a generalized along with a … Continue reading

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MN: Getting out of a car, looking at officer, then walking away was hardly RS

Defendant’s stop, handcuffing, and questioning was without reasonable suspicion based on his looking at officers and walking away. State v. Davis, 2018 Minn. App. LEXIS 162 (Apr. 2, 2018) (“he looked at me” or “he didn’t look at me” has … Continue reading

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ND: “Constructive possession of drug paraphernalia is sufficient probable cause to arrest.”

“Constructive possession of drug paraphernalia is sufficient probable cause to arrest.” State v. Terrill, 2018 ND 78, 2018 N.D. LEXIS 89 (Mar. 22, 2018). Ordering defendant out of his vehicle was reasonable even in a stop for overtinted windows. The … Continue reading

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W.D.Mo.: Trespassing on a shopping center parking lot after being told to leave was RS

Officers went to a shopping center parking lot to roust people meeting in the parking lot that they suspected were gang members. Defendant was told to leave, and he drove around and didn’t. The stop of his car was based … Continue reading

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