Category Archives: Reasonable suspicion

S.D.N.Y.: Franks challenge that SW general allegation about sex traffickers doesn’t apply to def isn’t false at this stage

Defendant is alleged to be involved in a sex trafficking operation that spanned nearly 20 years. His Franks motion is denied. One of the things he mentions was that he wasn’t involved with the Bloods in a long time, but … Continue reading

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D.Mont.: RS for stop near the border when driving appeared evasive; on stop there were furtive movements

The court finds reasonable suspicion for defendant’s stop near the Canadian border. The officer was following but without blue lights on, and the car was attempting to evade the officer by driving fast on a poorly maintained road. On the … Continue reading

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D.D.C.: Given RS for a stop, a full search of backpack exceeded Terry

Defendant was validly stopped under Terry, but the search of his backpack was unreasonable and amounted to a virtual search incident to arrest. “But the cases cited by the government, including United States v. Holmes, indicate precisely the opposite. Absent … Continue reading

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IN: Even though def called off drug deal with CI at last minute there still was RS

The CI was working off his own charges. The CI had to make several tries to make a deal with defendant, and, when it happened, there was advance planning related by the CI. They also were talking on a cell … Continue reading

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E.D.Tenn.: Stop was valid, but it was unreasonably extended in violation of Rodriguez

Defendant was validly stopped for a suspected traffic violation and the officer couldn’t see the state on the temporary tag. Once he stopped the car he could see it. Still, the officer could inform the motorist of the reason for … Continue reading

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D.D.C.: Flight from a potential encounter in a high crime area is RS; detention after that was reasonable based on collective knowledge

Flight from a potential encounter in a high crime area is reasonable suspicion. Detention after that was reasonable based on collective knowledge. The court also addresses at length vertical and horizontal collective knowledge and follows the Fourth Circuit rule that … Continue reading

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MI: Def’s admission he took a sleeping pill before driving added to PC for his blood

The affidavit for the blood search warrant here included that defendant admitted taking some kind of sleeping pill before driving and getting in the accident. That was probable cause and the good faith exception applies in any event. People v. … Continue reading

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M.D.Tenn.: Def’s continual distancing himself in pleadings and at hearing from the cell phone at issue shows no standing

Defendant went to great lengths to distance himself from telephone 3 that was tracked in the suppression motion and hearing. Therefore, he has no standing to challenge the collection of CSLI on it. Carpenter and Byrd do not, as defendant … Continue reading

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CA4: Def who pled standing gets benefit of Byrd for standing in his rental car but loses on RS

Defendant preserved his Byrd argument that he had standing in the rental car, and he gets the benefit of it. On the merits, the officer had reasonable suspicion: Swisher Sweets cigars, sandwich bags without associated stuff, and just sprayed with … Continue reading

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CA3: Expired rental agreement justified extending the stop

Defendant’s rental agreement had expired, and calling the rental company prolonged the stop. Whether the dog alerted or not wasn’t obvious on the dashcam video, but the district court found that it did, and that’s a found fact, and it’s … Continue reading

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CO: Person arrested at MJ grow but not charged can get his seized property back

An uncharged person originally arrested at an alleged illegal marijuana grow has standing to recover his own property seized from him. Boudette v. State, 2018 COA 109, 2018 Colo. App. LEXIS 1036 (July 26, 2018). Defendant’s bicycle rack on the … Continue reading

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N.D.Iowa: Reasonable mistaken identity justified stop

Defendant’s stop was based on reasonable suspicion he was in the country illegally, but it was a case of mistaken identity. “Defendant was observed emerging from the vicinity of the target’s residence. Defendant closely resembled the target. Any discrepancy between … Continue reading

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