Category Archives: Reasonable suspicion

MT: Welfare check of car was reasonable, but extending it was without RS

The officer was justified in a welfare check of defendant sleeping in his car, but it never developed into reasonable suspicion. The stop was unreasonably extended. State v. Zeimer, 2022 MT 96, 2022 Mont. LEXIS 479 (May 24, 2022). A … Continue reading

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ID: Not unreasonable to check wants and warrants on passenger during a traffic stop

“This appeal arises out of a traffic stop where a single officer, without having reasonable suspicion that a crime involving the passenger was afoot, checked the passenger for outstanding warrants. The officer used her patrol vehicle’s computer and received a … Continue reading

Posted in Dog sniff, Ineffective assistance, Inventory, Reasonable suspicion | Comments Off on ID: Not unreasonable to check wants and warrants on passenger during a traffic stop

MI directs its CoA to consider application of exclusionary rule in zoning case

The Michigan Supreme Court remanded Long Lake Twp. v. Maxon, 2021 Mich. App. LEXIS 1819 (Mar. 18, 2021) (posted here) to determine below whether the exclusionary rule should apply in a zoning case. Long Lake Twp. v. Maxon, 2022 Mich. … Continue reading

Posted in Exclusionary rule, Mail and packages, Prison and jail searches, Reasonable suspicion, Subpoenas / Nat'l Security Letters | Comments Off on MI directs its CoA to consider application of exclusionary rule in zoning case

E.D.Cal.: Inmate has no standing in a contraband cell phone

A person in prison has no standing to contest a wiretap on a contraband cell phone. United States v. Yandell, 2022 U.S. Dist. LEXIS 91166 (E.D.Cal. May 20, 2022). “The facts of this case indicate that [Officer] Leitzen, while conducting … Continue reading

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RI: Commercial fishing is a “closely regulated industry” and a vessel’s monitoring system could be examined

Commercial fishing is a closely regulated industry. “Appellant also had a sea scallop permit, requiring the vessel to have a vessel monitoring system (VMS), which transmits global positioning system (GPS) coordinates every half hour to the National Marine Fisheries Service.” … Continue reading

Posted in Administrative search, Dog sniff, Ineffective assistance, Reasonable suspicion, Reasonableness | Comments Off on RI: Commercial fishing is a “closely regulated industry” and a vessel’s monitoring system could be examined

D.Minn.: Tracking warrant issued without PC, but GFE still applied

There was no probable cause for the tracking warrant for defendant. But, it was not so lacking in probable cause that the good faith exception does not apply. United States v. Escudero, 2022 U.S. Dist. LEXIS 89120 (D.Minn. May 18, … Continue reading

Posted in Franks doctrine, Good faith exception, GPS / Tracking Data, Ineffective assistance, Reasonable suspicion | Comments Off on D.Minn.: Tracking warrant issued without PC, but GFE still applied

CA5: GFE applies to showing of nexus

The good faith exception applies to the warrant affidavit’s showing of nexus. The showing wasn’t great, but it was sufficient to not be bare bones. The officer adequately connected defendant to the premises. United States v. Jackson, 2022 U.S. App. … Continue reading

Posted in Consent, Good faith exception, Informant hearsay, Nexus, Reasonable suspicion | Comments Off on CA5: GFE applies to showing of nexus

OH1: Doing nothing unusual or criminal 5 minutes after ShotSpotter alert wasn’t RS

Officers found defendant putting his kids in his car about five minutes after a ShotSpotter alert where no one had complained of gunfire. His ultimate frisk lacked reasonable suspicion. State v. Henson, 2022-Ohio-1571, 2022 Ohio App. LEXIS 1482 (1st Dist. … Continue reading

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ID: Calling for drug dog before RS existed extended the stop

During the traffic stop, the diversion to call for a drug dog was without reasonable suspicion and it extended the stop. State v. Still, 166 Idaho 351, 458 P.3d 220 (App. 2019), is overruled. State v. Karst, 2022 Ida. LEXIS … Continue reading

Posted in Dog sniff, Reasonable suspicion, Reasonableness, Warrant execution | Comments Off on ID: Calling for drug dog before RS existed extended the stop

TX13: Stop was consensual but became unreasonable

“We therefore conclude that, although appellant’s encounter with police may have been consensual initially, it advanced into a ‘seizure’ for Fourth Amendment purposes before appellant made any incriminating statements. Because there was no warrant, reasonable suspicion, or probable cause to … Continue reading

Posted in Attenuation, Plain view, feel, smell, Reasonable suspicion | Comments Off on TX13: Stop was consensual but became unreasonable

DE: A reporter gets access to SW materials for Apple and social media companies in this murder case

In this two defendant murder case, the state obtained 18 search warrants for Apple and social media, but only one has been returned. A reporter sought access to the affidavits, and it’s granted. Defense counsel has already been given access … Continue reading

Posted in Good faith exception, Nexus, Reasonable suspicion, Warrant papers | Comments Off on DE: A reporter gets access to SW materials for Apple and social media companies in this murder case

IA: Automobile exception search of glove compartment here was unreasonable

Search of the glove compartment is reasonable to look for evidence of ownership of a car already subject to search, but that wasn’t an issue here because there was no reason to. State v. Marcott, 2022 Iowa App. LEXIS 385 … Continue reading

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N.D.Ga.: Pro forma objection to R&R doesn’t articulate argument, so it’s waived

Defendant didn’t fairly articulate his objections to the R&R, so his objection is waived. United States v. Hill, 2022 U.S. Dist. LEXIS 83707 (N.D.Ga. May 9, 2022). There was probable cause for this search authorization, and the good faith exception … Continue reading

Posted in Exclusionary rule, Franks doctrine, Ineffective assistance, Issue preclusion, Military searches, Probation / Parole search, Reasonable suspicion, Waiver | Comments Off on N.D.Ga.: Pro forma objection to R&R doesn’t articulate argument, so it’s waived

OH6: Police coming uninvited in hotel room 18 minutes after checkout time was unreasonable

Officers arrived at defendant’s motel room 18 minutes after checkout time and searched. The state claimed defendant lost his reasonable expectation of privacy in the room. Hotel management, however, had done nothing about that and apparently didn’t even know. The … Continue reading

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TN: Owner of premises could consent to enter room of visitor

Defendant was a suspect in a murder, and police were admitted to the house where he stayed by consent of the owner. He wouldn’t come out of his bedroom, so they went in. The owner had complete control over the … Continue reading

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OH12: Any error in SW return has no effect on search

Any error in the search warrant return does not affect the search itself. Therefore, it can’t form a basis for suppression. Defendant also disclaimed any interest in the property at the time of the search. State v. McClendon, 2022-Ohio-1441, 2022 … Continue reading

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CA6: Auto exception applies even where driver is detained

A vehicle is mobile for the automobile exception even though the driver is detained. United States v. Washington, 2022 U.S. App. LEXIS 11511 (6th Cir. Apr. 28, 2022). A bald tire in the back of a rental truck was so … Continue reading

Posted in Automobile exception, Franks doctrine, Reasonable suspicion, Standing | Comments Off on CA6: Auto exception applies even where driver is detained

N.D.Ga.: RS still existed on I-85 after apparent hand-to-hand transaction in front of stash house

Defendant’s doing a hand-to-hand transaction from a car in front of a stash house was still reasonable suspicion when the officers caught up with him on I-85 after a license plate reader found the car after they lost sight of … Continue reading

Posted in Burden of pleading, Emergency / exigency, Reasonable suspicion, Standing | Comments Off on N.D.Ga.: RS still existed on I-85 after apparent hand-to-hand transaction in front of stash house

D.Mont.: Acting strange walking down the street is not RS

“While Vasquez was indeed acting strangely, for the stop to be valid, his conduct must be indicative of criminal behavior. The Court here simply cannot bridge the connection between the conduct here that is suspicious or odd in the lay … Continue reading

Posted in Ineffective assistance, Reasonable suspicion, Waiver | Comments Off on D.Mont.: Acting strange walking down the street is not RS

Cal.: Exclusionary rule does not apply in child dependency litigation

The exclusionary rule does not apply in child dependency litigation. In re Christopher L., 2022 Cal. LEXIS 2313 (Apr. 25, 2022) (recognizing rule). “Hecke is correct that Detective Compton did not provide details of BSC’s criminal history or a description … Continue reading

Posted in Custody, Exclusionary rule, Franks doctrine, Reasonable suspicion | Comments Off on Cal.: Exclusionary rule does not apply in child dependency litigation