Category Archives: Reasonable suspicion

D.Kan.: Passenger’s flight from a car during a traffic stop is RS

A passenger’s flight from a car during a traffic stop is reasonable suspicion. United States v. Goines, 2019 U.S. Dist. LEXIS 197656 (D. Kan. Nov. 14, 2019). The search warrant for defendant’s home was particular because it referenced Attachment B, … Continue reading

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D.Kan.: Michigan v. Long search of car on RS for a weapon called “protective sweep”

The officers had reasonable suspicion to believe there was a weapon in the car justifying a “protective sweep” of the car under Michigan v. Long. United States v. Alexander, 2019 U.S. Dist. LEXIS 197653 (D. Kan. Nov. 14, 2019). Defendant … Continue reading

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MD: MTA “fare sweep” resulted in def’s detention without RS

A “fare sweep” on an MTA train in Baltimore led to defendant being detained. Officers ran his name and found a record. At a station, a scuffle ensued, one of the officers shouted “gun” and defendant was wrestled to the … Continue reading

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FL2: Anonymous calls about a pick-up truck driving slowly around the block in the middle of the night in a residential low crime area wasn’t RS

Officers received two anonymous calls about a dark pickup truck with a loud muffler on a residential street in the middle of the night. Once it stopped in the street for a few seconds and then pulled off and turned … Continue reading

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D.Mass.: Border searches of electronic devices are non-routine, and they require reasonable suspicion

Border searches of electronic devices are non-routine, and they require reasonable suspicion. Alasaad v. NielsenAlasaad v. Nielsen, 2019 U.S. Dist. LEXIS 195556 (D. Mass. Nov. 12, 2019):

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OH5: Merely being drunk in the Sheriff’s Office lobby isn’t a crime justifying a search

Defendant’s being merely drunk in the lobby of the sheriff’s office wasn’t reasonable suspicion of a crime because the officers didn’t see how he got there (i.e., did he drive himself). State v. Mast, 2019-Ohio-4644, 2019 Ohio App. LEXIS 4698 … Continue reading

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IA: One-way cross country rental and multiple cell phones wasn’t RS for extending stop

The officer had no reasonable suspicion developed from defendant’s traffic stop. The rental car was a one-way rental in the name of another and defendant had multiple cell phones. The stop, for all intents and purposes, appears strung out to … Continue reading

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OH2: Def’s allegedly carrying a rifle in an apartment building parking lot, even if true, wasn’t RS

A phone call to the police said there was a man walking through an apartment building parking lot carrying a rifle, something that wasn’t a crime. Police responded and saw defendant. They approached him when he wasn’t carrying a rifle, … Continue reading

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TN: Defense counsel’s failure to object to officer’s testimony of def’s confession during suppression hearing violated Simmons but was harmless

Defendant on post-conviction showed that defense counsel’s performance was deficient for not objecting under Simmons to a state investigator’s testimony that he confessed to the crime in his suppression hearing testimony. Defendant, however, can’t show prejudice because of the other … Continue reading

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KS: 911 call of person shot brought police; entry justified under exigent circumstances

Police received a call that a person had been shot at a particular address. They arrived and saw two women arguing with a man. He ran off. The officers asked if the women were hurt, and they said they weren’t. … Continue reading

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W.D.Ky.: Officer’s verifying def’s identity reasonably extended the stop

The extension of the stop wasn’t based on reasonable suspicion; it was the officer trying to determine why defendant’s license was revoked and whether defendant was who he said he was. “Under these circumstances, it is clear that the mission … Continue reading

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N.D.Iowa: There was no RS as to def who was talking with another for whom there was; def should have been allowed to leave

When one defendant wanted to leave the encounter with the police, there was no reasonable suspicion for his patdown and he should have been allowed to leave without the patdown. United States v. Steffens, 2019 U.S. Dist. LEXIS 190597 (N.D. … Continue reading

Posted in Automobile exception, Reasonable suspicion | Comments Off on N.D.Iowa: There was no RS as to def who was talking with another for whom there was; def should have been allowed to leave