Category Archives: Reasonable suspicion

N.D.Cal.: Administrative burdens overcome presumption of right of access to 13 years worth of SW materials

The court denies a broad request for 13 years worth of surveillance search warrant materials. The presumption of accessibility of the materials is overcome by the extensive administrative burdens of reviewing so many files. The litigants in each case where … Continue reading

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SC: Three psuedo buys in one day was RS, and the smell of ammonia at his house justified a protective sweep

Defendant’s three purchases of pseudoephedrine in one day was reasonable suspicion that he had a meth lab to support a protective sweep because, when the dwelling door was opened, the smell of ammonia was overwhelming. State v. Kotowski, 2019 S.C. … Continue reading

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S.D.Tex.: Stop in a high crime area justified a 7 minute wait for backup to arrive before the officer completed the stop

Stop in a high crime area justified a seven minute wait for backup to arrive before the officer completed the stop. “ When Defendants pulled over, they parked in an apartment complex Officer Cruz knew to be frequently the location … Continue reading

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OH4: Def’s coming to site of execution of SW and then hanging around next door justified a detention and frisk

Defendant came to the site of execution of a search warrant and was justifiably detained. “First, the court found that Deputy Robison was justified as part of his efforts to secure a safe search site because Collins arrived on the … Continue reading

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NC: Failure to object to satellite-based monitoring in trial court was waiver

Defendant didn’t raise the constitutionality of satellite-based monitoring in the trial court, so it’s waived for appeal. He also can’t bring it up by certiorari. State v. DeJesus, 2019 N.C. App. LEXIS 384 (May 7, 2019). Reasonable suspicion developed at … Continue reading

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OH: Officers responding to nearby shots fired were justified in stop def, the only person around

Officers heard nearby gunshots and approached the only person in the vicinity with guns drawn and did a frisk of the person. The frisk was justified by reasonable suspicion, and drawing firearms didn’t convert the stop into a seizure. State … Continue reading

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M.D.Pa.: Typo in SW address overlooked under GFE

Typographical error in the search warrant (648 South 21st Street rather than 748 South 21st Street) would be overlooked under the good faith exception where the correct property was searched. United States v. Carey, 2019 U.S. Dist. LEXIS 74140 (M.D. … Continue reading

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D.S.D.: Tribal officers can stop non-Indians for apparent offenses on tribal lands

While tribes generally do not have criminal jurisdiction over non-Indians, tribal officers can stop people for apparent offenses on tribal lands. Defendant’s pretextual stop argument is rejected because there was an objective basis for it. United States v. Santistevan, 2019 … Continue reading

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D.Nev.: Def’s stop for jaywalking at an uncontrolled intersection didn’t justify his patdown for weapons

Defendant’s stop for jaywalking at an uncontrolled intersection didn’t justify his patdown for weapons. United States v. Jacobs, 2019 U.S. Dist. LEXIS 70241 (D. Nev. Apr. 25, 2019). Summary judgment for existence of probable cause in a § 1983 case … Continue reading

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D.Neb.: Consensual encounter still requires RS for frisk, which the officer had

“Applying these principles to the facts of this case, the Court finds Moreno’s encounter with the officers was consensual until Sergeant Meola, without Moreno’s consent, initiated a protective frisk by touching Moreno’s outer clothing and the bulge he saw under … Continue reading

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W.D.Ky.: Drug dog immediately on the scene didn’t extend the stop

Because the drug dog got right there, the dog sniff didn’t extend the stop in violation of Rodriguez. United States v. Thorn, 2019 U.S. Dist. LEXIS 70781 (W.D. Ky. Apr. 26, 2019). Defendant argues that his case was like Rodriguez, … Continue reading

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E.D.N.C.: Body camera corroborated RS for frisk

“Body camera footage corroborated the detectives’ testimony that the circumstances reasonably suggested Defendant may have been armed and that a pat-down search was needed to ensure officer safety. …. When faced with an uncooperative and seemingly agitated individual suspected of … Continue reading

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