Category Archives: Reasonable suspicion

D.N.M.: Detention hearing argument that there were “dispositive” 4A issues goes nowhere

Defendant’s argument responding to his detention order that there are significant potentially “dispositive” Fourth Amendment issues falls on deaf ears. United States v. Silguero, 2021 U.S. Dist. LEXIS 72565 (D.N.M. Apr. 15, 2021).* Rodriguez complied with: “The information that Kilpela … Continue reading

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AR: One can’t change 4A argument from trial court to appeal

Defendant’s oral motion to suppress was presented and denied. On appeal, defendant changed the specifics of the argument, and it’s not considered as presented. Saffel v. State, 2021 Ark. App. LEXIS 176 (Apr. 14, 2021). The officer’s stop of defendant’s … Continue reading

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E.D.Pa.: Use of flashlight on backseat of car at night not a search

Stopping defendant, the officer walked up and shined his flashlight on the backseat of the car seeing two guns. That was not an unreasonable search, and on the totality there was otherwise reasonable suspicion. United States v. Spruell, 2021 U.S. … Continue reading

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OH5: Dog was called two minutes into stop of RV and it didn’t prolong the stop

Defendant’s RV was stopped for crossing the center line, and a drug dog was called within two minutes, arriving shortly thereafter. Waiting for and using the dog did not delay the stop, and the Fourth Amendment was not violated. State … Continue reading

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E.D.N.C.: When there is RS, officers do not need to rule out innocent explanations

Where there is reasonable suspicion to pull over and keep a driver detained, the officer need not rule out innocent explanations for defendant’s conduct. United States v. Smith, 2021 U.S. Dist. LEXIS 69687 (E.D. N.C. Mar. 17, 2021):

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WV: Emergency order of protection was not functional equivalent of SW for entry into home

Officers with an emergency order of protection used it to enter defendant’s house and seize firearms. The protections of the Fourth Amendment and the state constitution are greater. The order was not, then, the functional equivalent of a warrant, and … Continue reading

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CA11: Stop for not having license on bicycle in violation of city code was reasonable

The officer’s stop of defendant for not having a license on his bike per local ordinance was reasonable. Defendant’s flight justified his detention and seizure of his backpack. CoA denied. Thomas v. Sec’y, Dep’t of Corr., 2021 U.S. App. LEXIS … Continue reading

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W.D.Tenn.: CI’s tip def had a gun was corroborated by def discarding it in view of officers

Police received a CI’s tip defendant had a gun. The tip alone lacked reliability until the officer saw defendant discard it. “Notably, the reasonable suspicion standard does not present the most demanding hurdle to overcome. See Kansas v. Glover, 140 … Continue reading

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S.D.Ohio: Pole cam observation of def with blunt was RS for stop

Zooming in on a pole cam video, officers determined that defendant had a blunt in his hand when he was getting in his car. The question is reasonable suspicion, and officers don’t have to exhaust the innocent possibilities before acting … Continue reading

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E.D.Pa.: Warrantless arrest with PC in public place is reasonable

Defendant’s Fourth Amendment rights were not violated when he was arrested without a warrant with probable cause in a public place. Reaching in defendant’s sweat shirt pocket to retrieve a gun was reasonable. United States v. Kelly-Sizer, 2021 U.S. Dist. … Continue reading

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CA8: Warrantless seizure of computer in fraud case was reasonable because of exigency

The warrantless seizure of defendant’s computer was justified by exigent circumstances that it contained evidence of fraud. United States v. Mays, 2021 U.S. App. LEXIS 9861 (8th Cir. Apr. 6, 2021). “Because we conclude that the officer’s initial question about … Continue reading

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D.Ariz.: Def’s motion to unseal SW affidavit denied because of ongoing investigation

Defendant’s motion to unseal the affidavit for the search warrant is denied because of an ongoing investigation it would reveal and because he can’t show a lack of probable cause for the search. United States v. Calleta, 2021 U.S. Dist. … Continue reading

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W.D.Pa.: SW for drug proceeds properly included jewelry it could have been converted to

A search warrant for drug proceeds properly included jewelry that the officer, in his experience, believed drug traffickers converted cash to. United States v. Thomas, 2021 U.S. Dist. LEXIS 65553 (W.D. Pa. Apr. 5, 2021). The officer here saw a … Continue reading

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S.D.N.Y.: Def counsel’s strategic decisions about how to argue a suppress issue is entitled to deference

Defense counsel’s strategic decisions about to argue a suppression motion is entitled to nearly total deference. Brown v. United States, 2021 U.S. Dist. LEXIS 63948 (S.D. N.Y. Apr. 1, 2021). Petitioner’s 2255 claim is based on defense counsel’s not raising … Continue reading

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CA11: Def’s stop on another driver’s tip was RS

A driver’s tip was sufficiently corroborated to be reasonable suspicion. At defendant’s stop, “Demeanor counts for a lot.” United States v. Martinez, 2021 U.S. App. LEXIS 9480 (11th Cir. Apr. 1, 2021):

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KY: State failed to call witnesses to show RS for extending stop for drug dog

The state failed to prove its reasonable suspicion for extending the stop. The officer alone detaining at the scene for the drug dog didn’t have the evidence. Giles v. Commonwealth, 2021 Ky. App. LEXIS 45 (Mar. 26, 2021):

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CA4: Officers watching def on a CI’s tip saw a handshake which they surmised was a drug sale; no RS from a handshake

“In order to sustain reasonable suspicion, officers must consider the totality of the circumstances and, in doing so, must not overlook facts that tend to dispel reasonable suspicion. Here, officers relied on general information from a confidential informant; two interactions … Continue reading

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W.D.La.: Govt showed justification for protective sweep of person then car

“The firearms and drugs were found during the protective sweep of the passenger area of the vehicle. The initial stop and pat-down of Defendant were justified under Terry, and the subsequent protective sweep of the car for weapons was a … Continue reading

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NY3: Issuing magistrate misstating his judicial position not reason to suppress

The issuing magistrate’s misnaming his judicial position (city judge v. acting county judge) didn’t make the search warrant void. People v. Mayhew, 2021 NY Slip Op 01807, 2021 N.Y. App. Div. LEXIS 1924 (3d Dept. Mar. 25, 2021). A “Tag … Continue reading

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MI: No RS for PBT; nothing about def’s demeanor or appearance suggested he was under the influence

Nothing about defendant’s appearance or demeanor, other than bloodshot eyes, suggested he was under the influence. Administration of a PBT lacked reasonable suspicion. People v. Olson, 2021 Mich. App. LEXIS 1927 (Mar. 25, 2021):

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