Category Archives: Reasonable suspicion

E.D.La.: No PC or RS for def’s stop and frisk

Under the totality of circumstances, the officer lacked both probable cause and reasonable suspicion for defendant’s stop. United States v. Muse, 2018 U.S. Dist. LEXIS 209817 (E.D. La. Dec. 12, 2018)*:

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KY: License plate reader alert justified stop

A license plate reader told the officer that defendant’s car insurance needed to be verified because it was not on file, and that was a reasonable basis for the stop. Lynem v. Commonwealth, 2018 Ky. App. LEXIS 299 (Dec. 7, … Continue reading

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E.D.Tenn.: CI on the controlled buy wasn’t an “active participant” in the crime

The CI’s participation in the controlled buy that led to a search warrant doesn’t make the CI an “active participant” in the crime where that’s only the basis for issuance of the warrant and it’s not a separate charge. United … Continue reading

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IN: A search waiver condition “without a warrant and without probable cause” still requires RS

A search waiver condition “without a warrant and without probable cause” still requires reasonable suspicion. Jarman v. State, 2018 Ind. App. LEXIS 445 (Nov. 30, 2018). Window tinting that covered the back window brake light was a traffic violation justifying … Continue reading

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NE: For Rodriguez purposes, it doesn’t matter that the stop was at a gas station and not on the side of the road

Defendant’s reasonable detention pre-dog sniff was at a gas station and not on the side of the road. That doesn’t change the constitutional calculus. State v. Ferguson, 301 Neb. 697 (Nov. 30, 2018). “Here, the Court finds the warrant described … Continue reading

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E.D.N.C.: Trial objection was 5A and Miranda; 4A claim waived and can’t be raised post-trial

Defendant’s trial objection was based on Miranda and the Fifth Amendment. No Fourth Amendment claim was made so it is waived and post trial briefing is too late. United States v. Horton, 2018 U.S. Dist. LEXIS 201898 (E.D. N.C. Nov. … Continue reading

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CA9: Police get a 911 call that def is yelling and threatening somebody in house; exigency based entry justified after talking to him

Police get a 911 call that a man was yelling and screaming at and threatening somebody, and they come to the house. At the door, defendant admits that he was because he was stressed out about “issues.” He also admitted … Continue reading

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CA10: A notice to appear in court is not a seizure for false arrest purposes

Giving plaintiff a notice to appear in court is not a seizure for false arrest purposes. Leon v. Summit County, 2018 U.S. App. LEXIS 33349 (10th Cir. Nov. 28, 2018). The information from the CI was detailed, down to a … Continue reading

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CA9: SW for stolen property in def’s house wasn’t stale despite it being a month

Defendant’s thumb print on a beer can found in a burglarized house was a reasonable inference he was involved. The search warrant for his house for stolen property wasn’t stale because it was reasonable to believe he would still be … Continue reading

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TX4: Visitor’s property searched during SW for premises is governed by possession test: was the person in actual possession at the time?

Texas follows the possession test for searches of personal belongings of visitors found during a search of premises. Thus, defendant’s purse was not in her actual personal possession at the time of the entry and searches, so it was not … Continue reading

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E.D.Tex.: Body cam video showed consent was voluntary

Consent was voluntary: “As seen in the video, Defendant was calm, aware, and able to answer questions cogently. During his testimony, Defendant admitted that at the time of his arrest, Defendant knew he faced serious drug charges for the drugs … Continue reading

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N.D.Ohio: There was a reasonable inference def’s house had his cell phones

The search warrant for cell phones was based on a reasonable inference that they’d be found in defendant’s house, and the search of his house and person were justified. “Herein, it was reasonable for the magistrate to infer that the … Continue reading

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