Category Archives: Reasonable suspicion

NM & N.D.Iowa: Arrest or stop after NCIC check was reasonable

Defendant’s arrest after an NCIC check showed warrants for him was reasonable. State v. Widmer, 2020 N.M. App. LEXIS 41 (Sept. 15, 2020). To the same effect is United States v. Bullock, 020 U.S. Dist. LEXIS 170229 (N.D. Iowa Aug. … Continue reading

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M.D.Fla.: Scrivener’s error as to property to be seized was cured in context

A scrivener’s error as to alleged vagueness in the property to be searched and seized was cured in context of the documents. United States v. Carter, 2020 U.S. Dist. LEXIS 168543 (M.D. Fla. Sept. 15, 2020). Defendant’s blocking the street … Continue reading

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CA2: Being in a high-crime area doesn’t add to RS; stop here lacked RS

Reasonable suspicion was lacking. Being in a high-crime area doesn’t add much of anything. United States v. Weaver, 2020 U.S. App. LEXIS 29187 (2d Cir. Sept. 15, 2020)*:

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N.D.N.Y.: Removal of shoes not a strip search

School administrator’s direction to a student to remove shoes was not a strip search. I.S. v. Binghamton City Sch. Dist., 2020 U.S. Dist. LEXIS 167370 (N.D. N.Y. Sept. 14, 2020). 2254 petitioner litigated and lost his illegal arrest claim in … Continue reading

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AL: IAC claim not stated for not challenging failure to deliver copy of SW to def

Defendant didn’t adequately plead an ineffective assistance of counsel claim for defense counsel not arguing that defendant wasn’t given a copy of the search warrant at the time of the search so he could challenge the search. Smith v. State, … Continue reading

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CA3: Postal inspector had RS to detain package for dog sniff

“The [postal] inspector had reasonable suspicion. [¶] The inspector acted reasonably. Five signs aroused his suspicion: First, the package was from Puerto Rico, a common source of illegal cocaine shipments. Second, the package was sent by Priority Mail, a common … Continue reading

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CA9: Neighbor’s 911 call about burglary justified police entry protective sweep

A 911 burglary call by defendant’s neighbor led to police coming to the house, and the police entered to look for suspects. This was a reasonable entry based on exigency. United States v. Booth, 2020 U.S. App. LEXIS 28377 (9th … Continue reading

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N.D.Cal.: Court doesn’t credit that a person could just walk away from a police encounter; people get shot for that

Defendant was seized by a police car parked face-to-face with his car and spotlights shining in. Defendant couldn’t be expected to drive on the sidewalk to just leave. “The Court concludes that when the uniformed police officer here parked a … Continue reading

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CA5: RS required for border search of digital devices

Based on some other circuits, digital forensic searches require at least reasonable suspicion and no warrant. Defendant’s digital search complied with the rules of other circuits, so it was at least in good faith. United States v. Aguilar, 2020 U.S. … Continue reading

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NY: Stop because license plate reader erroneously said car should have still been in impound lot was unreasonable

The stop here was based a license plate search. The Buffalo impound lot had not updated its records that defendant got his car out of impound more than a week earlier. There was no traffic violation. The stop was unreasonable … Continue reading

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IN: CI’s statement he bought from def ten times was a statement against penal interest

The CI was the target of a search, and he snitched off defendant as his source for about ten sales, the most recent the day before. That was a statement against penal interest. State v. Stone, 2020 Ind. App. LEXIS … Continue reading

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W.D.Wash.: Govt doesn’t need SW to search its own records

The government doesn’t need a search warrant to search its own records. No case says anything like that, and there is no reasonable expectation of privacy in the private sense. United States v. Fanyo-Patchou, 2020 U.S. Dist. LEXIS 155998 (W.D. … Continue reading

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E.D.Pa.: Guest who intended to spend the night had standing

Defendant had standing to contest a search of premises he was visiting and anticipated spending the night. He loses on the merits by his consent. United States v. Mack, 2020 U.S. Dist. LEXIS 152664 (E.D. Pa. Aug. 24, 2020). Defendant’s … Continue reading

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CA11: Mere trespasser in driveway had no REP there

Defendant was parked in the driveway of what was supposed to be at the time an unoccupied house, and a neighbor called the police. Defendant told them he was an invited visitor, but it was found he lacked a reasonable … Continue reading

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NH: Protective sweep of motel room search justified by presence of others

A protective sweep of defendant’s motel room on his arrest was justified by the fact he was suspected of selling crack out of it and there were three woman also there, one of whom turned her back on the officers … Continue reading

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CA5: Text messages on state employee’s state-issued cell phone were reasonably searched under Quon

The search of text messages on a state administrative enforcement officer’s state issued cell phone was reasonable under City of Ontario v. Quon. Tingle v. Hebert, 2020 U.S. App. LEXIS 26057 (5th Cir. Aug. 17, 2020). Defendant’s renting a car … Continue reading

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