Category Archives: Reasonable suspicion

ME: Describing stolen tools by color and make was certainly particular as it could get

Stolen tools were described in the search warrant by color and make, and this was not unconstitutionally vague in the description just because other brands might have the same color scheme. “In this case, the search warrants identified the items … Continue reading

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MI: Controlled buys and corroborated CI was PC

The trial court erred in suppressing the search under the search warrant. There were controlled buys and a corroborated informant, and that was enough for probable cause. People v. Higgins, 2018 Mich. App. LEXIS 3355 (Oct. 18, 2018). Defendant’s right … Continue reading

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CA9: Casual conversation with a motorist isn’t barred by Rodriguez despite officer’s motive

Casual conversation with a motorist during a traffic stop isn’t prohibited by Rodriguez even though the officer is hoping to pick up on something supporting reasonable suspicion. United States v. Kash, 2018 U.S. App. LEXIS 29057 (9th Cir. Oct. 16, … Continue reading

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N.D.Miss.: Officer’s credibility on cause for stop fails because the tag light was working and he couldn’t see in car

Officer’s testimony varied sufficiently from his reports of his reasonable suspicion for the stop and detention that it’s just unreliable. Motion to suppress granted. It apparently started with the justification for the stop as inoperable tag lights [how many times … Continue reading

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IA: The facts showing RS can also add up to PC

The facts supporting reasonable suspicion to stop defendant were enough for probable cause, and add to that the fact defendant slowed down and tossed a baggie of marijuana from the car. Mention in a search warrant of a Nevada drug … Continue reading

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DE animal control officers can get arrest warrants for animal offenses

Animal control officers in Delaware have the authority to obtain arrest warrants for animal control laws. Smith v. First State Animal Center, 2018 Del. Super. LEXIS 423 (Oct. 4, 2018).* Excessive window tinting justified the stop, and the officer didn’t … Continue reading

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E.D.N.Y.: Vehicle occupant’s “dipping motion” during stop was hiding something and RS

A vehicle occupant making a “dipping motion” when a stop occurs like they’re putting something on the floor or under the seat, either contraband or a weapon, is reasonable suspicion. United States v. Roberts, 2018 U.S. Dist. LEXIS 161968 (E.D. … Continue reading

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D.Conn.: Targetted burner phone ringing during stop on RS was PC for def’s arrest

CIs gave information that they bought drugs from a guy with a burner phone, and the phone was ultimately linked to defendant. Based on collective knowledge, the police had sufficient information for reasonable suspicion to stop and detain defendant. Defendant … Continue reading

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AR: Cell phone search suppressed and state gets do over with independent source doctrine

Probable cause was shown for a search warrant for a cell phone for taking video of defendant’s daughters changing clothes under a door. The independent source doctrine permitted police to get a second search warrant for the phone after the … Continue reading

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E.D.Ky.: RS started here with def’s justification for his actions on being a DEA informant

Defendant was validly stopped for a turn signal violation. During the stop, reasonable suspicion developed starting with defendant volunteering he was a DEA informant. United States v. Jackson, 2018 U.S. Dist. LEXIS 158598 (E.D. Ky. Sep. 18, 2018).* Defendant argued … Continue reading

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OH9: Probable hand-to-hand drug deal from car was RS for stop

Potential hand-to-hand drug deal in a car was reasonable suspicion for a stop. It’s what these officers were always looking for. [It may have ultimately had an innocent explanation, but it looked like it to them.] State v. Dunlap, 2018-Ohio-3658, … Continue reading

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W.D.Tenn.: Reasonable to block and stop a car that an officer thought had the subject of an arrest warrant in it

It was reasonable for the officer to block a car because he reasonably suspected that the person he wanted on an arrest warrant was in it and the honking of the car horn might have been a warning to others … Continue reading

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