Category Archives: Reasonable suspicion

KY: After DL found suspended, stop can be extended

When defendant was stopped and found to have a suspended license, the normal incidents of a traffic stop are accordingly extended, and that didn’t make waiting for a drug dog unreasonable. Olmeda v. Commonwealth, 2020 Ky. App. LEXIS 40 (Apr. … Continue reading

Posted in Excessive force, Qualified immunity, Reasonable suspicion, Staleness | Comments Off on KY: After DL found suspended, stop can be extended

CA8: Police looking at undercarriage of stopped car doesn’t require PC

The officer here had reasonable suspicion on the totality to extend the stop aside from the fact the two adults in the vehicle had no drivers licenses and the insurance card didn’t match them. The officer’s looking at the undercarriage … Continue reading

Posted in Plain view, feel, smell, Probable cause, Reasonable suspicion | Comments Off on CA8: Police looking at undercarriage of stopped car doesn’t require PC

OH2: 911 call not anonymous for RS purposes because number captured

A 911 call wasn’t anonymous because the number called from was captured. “‘Some factors that significantly support the reliability of an anonymous tip include: “eyewitness knowledge”; a “contemporaneous report”; the fact that an event is startling; and use of the … Continue reading

Posted in Ineffective assistance, Reasonable suspicion | Comments Off on OH2: 911 call not anonymous for RS purposes because number captured

SCOTUS: LPN check that comes back showing owner’s DL was revoked justifies a stop unless the officer has reason to believe the driver is not the owner

An LPN check that comes back showing owner’s DL was revoked justifies a stop unless the officer has reason to believe the driver is not the owner. Kansas v. Glover, 18–556 (Apr. 6, 2020):

Posted in Reasonable suspicion, SCOTUS | Comments Off on SCOTUS: LPN check that comes back showing owner’s DL was revoked justifies a stop unless the officer has reason to believe the driver is not the owner

CA6: Asking about drugs in car during normal incidents of stop not unreasonable under Rodriguez

Defendant’s admission he possessed marijuana in his car was within the normal incidents of the traffic stop, Therefore, the officer could extend the stop under Rodriguez. United States v. Lott, 2020 U.S. App. LEXIS 10237 (6th Cir. Apr. 1, 2020). … Continue reading

Posted in Inevitable discovery, Inventory, Reasonable suspicion | Comments Off on CA6: Asking about drugs in car during normal incidents of stop not unreasonable under Rodriguez

D.Minn.: “A police officer’s ‘characterization is not enough, standing alone, to implicate Fourth Amendment protections.’” That’s the court’s duty

“A police officer’s ‘characterization is not enough, standing alone, to implicate Fourth Amendment protections.’ Michigan v. Chesternut, 486 U.S. 567, 574, 108 S. Ct. 1975, 100 L. Ed. 2d 565 (1988). The parties’ characterization of the events notwithstanding, the Court … Continue reading

Posted in Reasonable suspicion | Comments Off on D.Minn.: “A police officer’s ‘characterization is not enough, standing alone, to implicate Fourth Amendment protections.’” That’s the court’s duty

CA10: Def’s prior drug arrests by the officer contributed to RS when in a high crime area and other things

“Serna was ‘seized’ under the Fourth Amendment through a Terry stop when Sergeant Silva told Serna to keep his hands where he could see them, and Serna placed his hands on top of his head. … The district court ruled … Continue reading

Posted in Reasonable suspicion | Comments Off on CA10: Def’s prior drug arrests by the officer contributed to RS when in a high crime area and other things

IL: Flight from gunshots is not RS

Defendant’s flight into his house on hearing gunshots was not reasonable suspicion to give chase or probable cause to enter the house to arrest him. Anybody would flee gunshots. People v. Craine, 2020 IL App (1st) 163403, 2020 Ill. App. … Continue reading

Posted in Burden of proof, Privileges, Reasonable suspicion | Comments Off on IL: Flight from gunshots is not RS

N.D.Ind.: Having def sit in the patrol car didn’t prolong the stop

“[T]he officer did not commit an unlawful seizure when he instructed Salazar-Lopez to sit in the patrol car. The move to the patrol car did not impermissibly prolong the traffic stop, and was incidental to the mission of the stop.” … Continue reading

Posted in Reasonable suspicion | Comments Off on N.D.Ind.: Having def sit in the patrol car didn’t prolong the stop

FL2: Without a link to crime, grabbing one’s waistband and pockets not RS

No weapon had been involved in a robbery the police were investigating, and they knew defendant wasn’t the robber. When they approached and he felt his waistband and pockets, they didn’t have reasonable suspicion. Townsend v. State, 2020 Fla. App. … Continue reading

Posted in Informant hearsay, Reasonable suspicion, Warrant requirement | Comments Off on FL2: Without a link to crime, grabbing one’s waistband and pockets not RS

D.Kan.: Def’s hiding a gun in flight from police in the property of another was abandonment, even if he intended to return to get it

The officer did not immediately have probable cause to arrest defendant, but the unfolding circumstances before him ended up rising to probable cause. There was more than suspicion and more than proximity. Defendant’s furtive movements supplied more cause. Defendant’s hiding … Continue reading

Posted in Abandonment, Reasonable suspicion | Comments Off on D.Kan.: Def’s hiding a gun in flight from police in the property of another was abandonment, even if he intended to return to get it

M.D.Fla.: “The Court should stop imbuing the ‘objectively reasonable’ officer with a cloak of constitutional comfort for justifications …”

The court finds the stop was unjustified and any mistake on the officer’s part was not objectively reasonable. “The Court should stop imbuing the ‘objectively reasonable’ officer with a cloak of constitutional comfort for justifications that strain credulity and discount … Continue reading

Posted in Reasonable suspicion, Reasonableness | Comments Off on M.D.Fla.: “The Court should stop imbuing the ‘objectively reasonable’ officer with a cloak of constitutional comfort for justifications …”