Category Archives: Reasonable suspicion

W.D.Tex.: RS of a weapon nearby in a car authorizes opening the door

“In this case the officers had either probable cause or reasonable suspicion to open the car doors to substantiate their belief that weapons, drugs and money were in the vehicle. Further, they were authorized to take photographs to inventory the … Continue reading

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PA: Blocking def’s vehicle showed he wasn’t free to leave, and it lacked RS

“Having determined that Officer Byrne effectuated an investigatory detention upon pulling behind Appellant’s vehicle, and that such detention was not supported by a reasonable suspicion that criminal activity was afoot nor excused from constitutional warrant requirements by the public servant … Continue reading

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N.D.Cal.: No RS for stop for alleged street deals based on CI

The officers’ claimed reasonable suspicion of street drug deals in San Francisco’s Tenderloin District just doesn’t add up to it on the totality of circumstances. The CI wasn’t adequately corroborated. The stop and frisk fails. United States v. Castaneda, 2019 … Continue reading

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M.D.Ga.: A stop based on a mere hunch of wrongdoing is suppressed

Defendants’ stop is found to be based on a hunch and not reasonable suspicion founded on facts. The purported tip is found to be a pretext for the stop. United States v. Hall, 2019 U.S. Dist. LEXIS 18088 (M.D. Ga. … Continue reading

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NJ: When the subject of a loud music complaint turned down the sound, no RS existed for continued detention

Police were called to a motel room because of a loud music complaint. The renter turned the music down, and, with that, the police should have left. Instead they wanted IDs and found a warrant on defendant. There was no … Continue reading

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D.Neb.: No REP in psych hospital’s bathroom stalls

There is no reasonable expectation of privacy in a psych hospital’s bathroom stalls where plaintiff was involuntarily committed. Narcisse v. Kubes, 2019 U.S. Dist. LEXIS 16111 (D. Neb. Feb. 1, 2019). There was reasonable suspicion to stop and detain defendant … Continue reading

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WA: Sitting in a car in a parking lot holding a gun is not RS that a crime is going to occur

A report to the police of a man sitting in a car holding a gun in his lap was not reasonable suspicion, and it could not be the basis of a stop. Just holding a gun is not an indication … Continue reading

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D.D.C.: Officers’ testimony about smell of PCP was too equivocal to be reliable

The officers’ testimony about allegedly smelling PCP when they stopped defendant was too equivocal through the hearing to be reliable. A patdown of defendant off that alleged smell produced a gun in his pocket. Defendant’s alleged consent to the patdown … Continue reading

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OR: In a DUII stop, a request for consent to search is not reasonably related to the basis for the stop; it unreasonably extended it

In a DUII stop, a request for consent to search is not reasonably related to the basis for the stop and it unreasonably extended it. State v. Rondeau, 295 Or. App. 769, 2019 Ore. App. LEXIS 123 (Jan. 24, 2019). … Continue reading

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Minor discrepancies and lack of contemporaneous notes of surveillance didn’t make these observations not credible to fact finder

Some discrepancies in the testimony of two officers about defendant’s consent doesn’t make them unbelievable. It’s the province of the fact finder, here the USMJ, to make that determination and consent was found by a preponderance of the evidence. United … Continue reading

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CA5: No RS for def’s stop on totality <50 miles from border

There was no reasonable suspicion on the totality for defendant’s stop less than 50 miles from the U.S.-Mexico border in Texas. Officer’s experience was too limited to provide much of anything. United States v. Freeman, 2019 U.S. App. LEXIS 2622 … Continue reading

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D.N.M.: Passenger’s conduct and answers during traffic stop provided RS

The passenger’s conduct here showed reasonable suspicion to continue the stop. United States v. Torres, 2019 U.S. Dist. LEXIS 10590 (D. N.M. Jan. 23, 2019). The government obtained CSLI in 2015 for 57 days of defendants’ cell phones, and the … Continue reading

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