Category Archives: Reasonable suspicion

CA3 still doesn’t adopt standard of review for Franks challenges

The Third Circuit notes that it has yet to adopt a standard of review for Franks claims; see United States v. Pavulak, 700 F.3d 651, 665-66 (3d Cir. 2012); and it doesn’t have to here because, whichever applies, defendant loses. … Continue reading

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E.D.Cal.: Question for Stone v. Powell is: does the state provide a mechanism for “full and fair litigation” of a 4A claim, not whether def took advantage of it

The question for Stone v. Powell is: does the state provide a mechanism for “full and fair litigation” of a Fourth Amendment claim, not whether defendant took advantage of it. Barrera v. Sherman, 2020 U.S. Dist. LEXIS 118199 (E.D. Cal. … Continue reading

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CA8: Officer approached who he thought was a crime victim and answers to questions gave RS he was the culprit

Officer responded to a call about shooting of a car thinking defendant might have been a victim. When he inquired, “Aguilar responded that he ‘didn’t shoot nobody’s windows out.’” Reasonable suspicion developed on the totality. United States v. Aguilar, 19-3008 … Continue reading

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WI: Officer can ask about weapons and for consent in any traffic stop without extending it

In an ordinary traffic stop, an officer may ask about weapons and even seek a consent to search without reasonable suspicion and thus without extending the stop. State v. Brown, 2020 WI 63, 2020 Wisc. LEXIS 140 (July 3, 2020):

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CA4: Tip describing man with a gun found a block away walking away was RS

Bystander’s tip that a black man in red pants and a black shirt had left a large fight at a West Virginia bar going east after having displayed a gun. A block away to the east, officers found defendant walking … Continue reading

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D.Minn.: Late night stop, no DL, digital scale on floor is RS

This late night stop was reasonably extended because the driver didn’t have a DL on him and there appeared to be a digital scale on the floor. United States v. Henry, 2020 U.S. Dist. LEXIS 115939 (D. Minn. May 20, … Continue reading

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CA5: Reasonable mistaken identification made stop reasonable

“In any event, even if it is assumed arguendo that an attempted seizure could in fact trigger the Fourth Amendment, Ferguson has failed to show that the attempt to detain him for an investigatory Terry stop was not supported by … Continue reading

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CA7: On the totality, RS was thin, up until def fled

“If these were all the facts, establishing reasonable suspicion might have been a close call for the officers. But Wilson’s unprovoked, headlong flight from police in a high-crime area put any lingering doubt to rest. Illinois v. Wardlow, 528 U.S. … Continue reading

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E.D.N.Y.: Feeling apparent weapon during patdown allows officer to go inside clothing

Feeling a weapon during a patdown allows the officer to go beyond the outer clothing to retrieve it. United States v. Hightower, 2020 U.S. Dist. LEXIS 112557 (E.D. N.Y. June 26, 2020). Defendant stopped his vehicle in an intersection where … Continue reading

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CA4: Stopping only car in neighborhood after report of robbery was reasonable

“Approximately twenty minutes after Jacobs fled on foot, the police noticed Gilmore driving away from the neighborhood where the robbery occurred. At the time of the stop, Gilmore’s car was the only car on the road. Once the stop lawfully … Continue reading

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E.D.Ky.: Objection to USMJ’s findings must specifically challenge 4A rationale

“Defendant’s objections do not address the Magistrate’s analysis or conclusions regarding Grounds 11 and 15. Instead, Defendant vaguely asserts that his counsel should have challenged the ‘validity of [the] evidence[.]’ (DE 406 at 7.) Defendant provides no basis to challenge … Continue reading

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GA: Consent at beginning of stop didn’t mean a second search after the stop should have ended

Defendant consented to a search of his car early on into the traffic stop. After the purpose of the stop was completed, a second search of the car wasn’t covered by the initial consent. State v. Drake, 2020 Ga. App. … Continue reading

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D.Colo.: Resisting a stop without RS is PC

Even if the stop was without reasonable suspicion, defendant’s resisting the officer was a separate crime that justifies with probable cause. United States v. Kazadi, 2020 U.S. Dist. LEXIS 109060 (D. Colo. June 22, 2020). Defendant’s stop on a country … Continue reading

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OH2: Furtive movement during knock-and-talk justified entry

Officers entered an apartment building with the consent of one of the tenants when they were investigating a threat with a firearm by one of the tenants. Their knock-and-talk at defendant’s door was reasonable, as was ordering him to open … Continue reading

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D.Me.: CI’s prediction of future events enhanced veracity

There was probable cause for the search, and the CI’s veracity was enhanced by the CI’s prediction of future conduct. United States v. Stevenson, 2020 U.S. Dist. LEXIS 105420 (D. Me. June 17, 2020). “While Mendoza-Ricardo argues that the purpose … Continue reading

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D.Nev.: Lack of officer reports of facts for PC to arrest goes only to their credibility, but they still were

There was ample probable cause for defendants’ arrest and stopping their car to do it despite the lack of reports. That goes to credibility, and the court finds it wanting. United States v. Davis, 2020 U.S. Dist. LEXIS 105973 (D. … Continue reading

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