Category Archives: Reasonable suspicion

OH2: Inventory and tow of vehicle disabled in accident was reasonable under community caretaking function

Defendant’s vehicle was inventoried and then towed by Dayton PD because it was disabled after an accident blocking a busy intersection. There was no warning to defendant it was going to happen. It was within the community caretaking function of … Continue reading

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N.D.Ill.: Anticipatory seatbelt violation stop was reasonable and led to valid admission of gun

Stopping car at the scene of a shooting 90 minutes earlier because more people piled in than there were seatbelts for was reasonable. [An anticipatory stop on reasonable suspicion a traffic offense was about to happen. The stop was clearly … Continue reading

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NY: Stop for center brake light being out was reasonable basis under statute

The trial court’s grant of the motion to suppress was error. The officer’s reading of the functioning brake light statute was reasonable that the center light being out was cause for a stop. People v. Pena, 2020 NY Slip Op … Continue reading

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CA5: Remanding on other grounds, stop lacked RS and should be reconsidered after a hearing

While reversing on other grounds, the Fifth Circuit directs reconsideration of the stop and frisk as lacking reasonable suspicion on the record it had for lack of a hearing. United States v. McKinney, 2020 U.S. App. LEXIS 36333 (5th Cir. … Continue reading

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D.Nev.: Walking into a Walmart in NV 5½ months after the El Paso Walmart shooting potentially armed with a shotgun was RS

A 911 call that defendant was potentially armed with a shotgun coming into a Walmart in Sparks NV, 5½ months after the El Paso Walmart shooting that killed 23 and injured 23 led to defendant’s stop and frisk. This was … Continue reading

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CA5: RS for stop and frisk was lacking based on clothing and location

Defendant’s patdown on the street in San Antonio lacked reasonable suspicion that his clothing suggested gang activity or the place was high crime. The firearm found on him is suppressed. The body camera evidence was used by the defense. The … Continue reading

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KS: Conduct can show consent

Nonverbal conduct can show consent. Here, defendant swept his arm in front of him suggesting only “come in.” State v. Daino, 2020 Kan. LEXIS 256 (Nov. 13, 2020). Defendant’s limited association with drug premises under surveillance wasn’t enough to make … Continue reading

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FL4: Dog sniff of passenger in car stopped with RS was reasonable

“We address an issue of first impression: the propriety of using a drug dog to sniff the passenger of a vehicle during a traffic stop based on a reasonable and articulable suspicion the passenger possesses drugs, where the sniff itself … Continue reading

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NY2: Failure to call officer involved at suppression hearing was waiver here

Defendant’s claim of his statement being in violation of the Fourth Amendment isn’t preserved for appeal by lack of testimony of the officer involved. People v. Molina, 2020 NY Slip Op 06553. 2020 N.Y. App. Div. LEXIS 6651 (2d Dept. … Continue reading

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E.D.Pa.: Prior flight from an officer adds nothing to RS calculus

Prior flight from an officer adds nothing to the reasonable suspicion calculus, but the remainder here does. United States v. Foushee, 2020 U.S. Dist. LEXIS 209986 (E.D. Pa. Nov. 10, 2020):

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NJ: Occupants of car leaving area of a robbery not responding to light in the eyes as it passed by is not RS

The officer on his way to a robbery call used the spotlight on his patrol car to illuminate the interior of cars passing by him in the other lane. When the occupants of defendant’s car didn’t respond the same as … Continue reading

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CA2: NY Family Court orders can suffice as SWs

“New York Family Court orders provide an independent basis for police officers to enter peoples’ homes. We have repeatedly recognized that, ‘[i]n child-abuse investigations, a Family Court order is equivalent to a search warrant for Fourth Amendment purposes.’ Southerland v. … Continue reading

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E.D.Pa.: Each factor of RS alone might not be enough but totality was

“While Mr. Muldrow rightly points out the tip, his evasive behavior, and the neighborhood each standing alone, would not create reasonable suspicion, all of these factors together with Sergeant Stephan’s observation Mr. Muldrow appeared to have a gun and hid … Continue reading

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S.D.Tex.: Def’s fumbling with papers and not knowing owner of the car he was driving and where he was was RS

A flapping paper tag that couldn’t be easily seen was reasonable justification for defendant’s stop. The stop was continued with reasonable suspicion. United States v. Carrizales, 2020 U.S. Dist. LEXIS 204252 (S.D. Tex. Nov. 2, 2020).* As to reasonable suspicion:

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E.D.Va.: A Terry stop can’t be used to investigate a completed misdemeanor (noting conflicting authorities)

This anonymous tip fails under Navarette because it permits stops on no reliable information at all. Moreover, a Terry stop cannot be used to investigate a completed misdemeanor (noting the circuits to the contrary). United States v. Beasley, 2020 U.S. … Continue reading

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CO: Hearing shots and seeing only one person running away from it was RS as to him

“Here, Officer Guagliardo heard multiple shots coming from an apartment complex and seconds later saw Oliver, and only Oliver, fleeing the area. When instructed to stop, Oliver ran faster. Officer Guagliardo heard screams coming from the complex. Based on the … Continue reading

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