Category Archives: Reasonable suspicion

D.Kan.: The question is not whether following too close statute was violated; it’s whether there was RS it was violated

On deciding reasonable suspicion for following too close, “[d]eciding the issue presented by these motions does not require the court to decide whether Mr. Acevedo violated [the statute]. Instead, it requires the court to decide whether Lt. Stopper had an … Continue reading

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D.N.J.: Anonymous Crimestopper tip was too generic to be RS

Crimestopper’s anonymous tip that was not corroborated and had only generic information identifying the suspect had “virtually no indicia of reliability.” The stop violated the Fourth Amendment. United States v. Little, 2017 U.S. Dist. LEXIS 125664 (D. N.J. Aug. 8, … Continue reading

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MA: Riley applies under state const. to digital cameras

A digital camera, like a cell phone, can be seized incident to an arrest, but it can’t be searched without a warrant. While SCOTUS hasn’t applied Riley to digital cameras, the state constitution here affords the same protection to digital … Continue reading

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LA2: A host of RS: (1) no DL or paperwork on car; (2) suspicious travel plans; (3) extensive criminal history of driver and passenger; (4) not knowing passenger’s name

“As previously noted in [the first appeal of this case,] Tpr. Sharbono’s testimony provided the articulable facts that raised his suspicions of other illegal activity: (1) Manning had no driver’s license or paperwork for the vehicle he was driving; (2) … Continue reading

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OH4: Objective basis for stop obviates racial profiling claim

Defendant’s stop for an abrupt lane change and then driving 45 in a 55 was justification for the stop. There was an objective basis for the stop, so defendant’s racial profiling claim is rejected. The driver was obviously extremely nervous … Continue reading

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W.D.Ky.: Driving up to a drug house where a SWAT raid was about to happen here was RS

Defendant drove up to a known drug house that was about to be searched by a SWAT team, and reasonable suspicion quickly developed for his stop. United States v. Clayton, 2017 U.S. Dist. LEXIS 128041 (W.D. Ky. June 13, 2017).* … Continue reading

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OH3: The 3 days that an Ohio SW has to be executed in is business days

Ohio’s rule that a search warrant be executed in three days doesn’t include weekends. State v. Seaburn, 2017-Ohio-7115, 2017 Ohio App. LEXIS 3241 (3d Dist. Aug. 7, 2017). Defendant’s jaywalking stop didn’t justify a patdown where defendant wasn’t even asked … Continue reading

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MI: Leaving backpack in car def was ordered out of was a lack of standing when the car got searched

Defendant lacked standing in his own backpack in a vehicle that was subject to search for impoundment for having no valid LPN under People v. LaBelle, 478 Mich. 891, 732 N.W.2d 114 (2007). The motion to suppress was properly denied. … Continue reading

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WI: While RS might not have existed for a pro forma patdown, the officer had RS when this one happened

Defendant and his passenger ran out of gas on a freeway, and an officer came along to help. He was going to take them to the next gas station, and he planned to frisk them before putting them in the … Continue reading

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M.D.Ala.: A “Car-Mart” advertisement in place of the license plate was RS for a stop to inquire whether vehicle just purchased or not

“Thus, having viewed the ‘Car-Mart’ advertisement serving as Defendant’s license tag or plate, Cpl. Williams possessed reasonable suspicion to believe that Defendant was in violation of those laws” about getting a car licensed within 20 days of purchase, so the … Continue reading

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