Category Archives: Reasonable suspicion

D.Idaho: Consent irrelevant to a parole search

Defendant was reasonably subjected to a parole search, and withdrawal of his consent was irrelevant. United States v. Perales, 2018 U.S. Dist. LEXIS 99191 (D. Idaho June 11, 2018). The officer had reasonable suspicion to detain defendant for being a … Continue reading

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S.D.N.Y.: Exclusionary rule doesn’t apply to revocation of supervised release

The exclusionary rule does not apply to revocation of supervised release proceedings. United States v. Hightower, 2018 U.S. Dist. LEXIS 98320 (S.D. N.Y. June 12, 2018). The renter of the rental car was in it, and he voluntarily consented to … Continue reading

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N.D.Ga.: Declining to interact with an officer is not RS

Defendant’s declining to interact with the officer and trying to avoid him is not reasonable suspicion because people have a right to do that. United States v. Brown, 2018 U.S. Dist. LEXIS 97602 (N.D. Ga. May 10, 2018). Defendant abandoned … Continue reading

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E.D.Mich.: Gant didn’t bar a plain view of the interior of def’s car when he was handcuffed on ground

Defendant was arrested for drug dealing, and he was handcuffed on the ground near the car. The search of the car here was based on seeing a gun in the car in plain view, so Gant doesn’t bar the search. … Continue reading

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DE: Facts escalated from speeding to RS of DUI leading to SW for blood draw

Defendant’s stop started with speeding 85 in a 50, and the reasonable suspicion progressed to probable cause he was under the influence. “The Court also finds that Mr. Kamwani’s performance on the field sobriety tests, the odor of alcohol, the … Continue reading

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AK: Def’s admission he had a knife during traffic stop justified a further patdown

Defendant was stopped for having studded tires after May 1st, and another warrant surfaced when checking on him. Despite the officer’s discretion to issue a summons or arrest, he still had the authority to conduct a patdown if there was … Continue reading

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NYLJ: ‘DeBour’ Faces Increased Criticism: Where Do We Go From Here?

NYLJ: ‘DeBour’ Faces Increased Criticism: Where Do We Go From Here? By Barry Kamins: In this article on Criminal Law and Procedure, Barry Kamins looks at criticism of ‘People v. DeBours,’ the case establishing the level of intrusion allowed during … Continue reading

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D.Minn.: An alert of a vehicle wanted in a bank robbery doesn’t need the LPN to provide RS

Defendants’ vehicle looked like one wanted in a recent bank robbery, and officers sped up to get closer, and the vehicle was speeding through a residential area. Aside from speeding, officers had reasonable suspicion they were involved in the bank … Continue reading

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W.D.N.C.: RS applied to the car def got into despite the fact he wasn’t there when an occupant hid a gun

Officers had reasonable suspicion to conduct a protective weapons search of the car defendant came out of a motel and got into. While watching the car, before defendant was there, officers saw a juvenile hiding a gun under the floor … Continue reading

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W.D.Wash.: RS present for protective weapons search of car under Long

There was reasonable suspicion for defendant’s stop, and that included a protective weapons search for a firearm under Michigan v. Long, which produced one. United States v. Caraang, 2018 U.S. Dist. LEXIS 81814 (W.D. Wash. May 15, 2018).* In the … Continue reading

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M.D.Fla.: No prejudice for IAC where alleged 4A violation produced nothing for trial

One of defendant’s 2255 claims involved a search of a gun safe that had nothing of evidentiary value in it. It didn’t matter at trial, was a “red herring,” and there could be no prejudice. Belitsky v. United States, 2018 … Continue reading

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OR: Def adequately pled 4A and argued substance to preserve issue for appeal

Defendant preserved her Fourth Amendment claim by citing it in the motion and by arguing at the hearing the stop was impermissibly extended. “Although the question is close, we agree with defendant that her Fourth Amendment argument is adequately preserved … Continue reading

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