Category Archives: Reasonable suspicion

CA8: RS too fact bound to lend itself to overcoming QI defense in § 1983 case

Plaintiff suppressed his search in state court for lack of reasonable suspicion, but he can’t get over the qualified immunity hurdle to sue the officer for the detention. The reasonable suspicion was thin at best, and, instead of nervousness, the … Continue reading

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NC: Driver not free to leave during questioning while officer holds his DL

The officer did not return the defendant’s driver’s license to him before beginning to question him while in his car in a hotel parking lot. Thus, a reasonable person would not have felt free to leave. Therefore, it was a … Continue reading

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D.Del.: Evasiveness during a public intox arrest justified Terry frisk

Defendant was arrested for public intox and he became evasive including a request that his name not be run for warrants. That justified a Terry frisk. United States v. King, 2017 U.S. Dist. LEXIS 40213 (D. Del. March 21, 2017).* … Continue reading

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OH11: Knocking on door jamb and pushing open partly open door was reasonable and with exigent circumstances

Defendant’s motel room door was partly open, and the officer knocked on the door jamb and then pushed the door open. This was reasonable because there was both probable cause and exigent circumstances for opening the door. State v. Fletcher, … Continue reading

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E.D.Mich.: “electronic devices, narcotics and related paraphernalia, and biological evidence” was sufficiently particular

“Here, the warrants authorized officers to seize three categories of items: electronic devices, narcotics and related paraphernalia, and biological evidence. The affidavits established probable cause that Jackson’s electronic devices could contain evidence of sex trafficking—including photographs, documentary evidence, and advertisements—based … Continue reading

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A.F.Ct.Crim.App.: There’s little REP in a shared desk, and search of desk didn’t make it into SW affidavit

Appellant was an Air Force OSI investigator investigated for fraud against the government for false travel vouchers. A search of a shared desk by a coworker produced some documentation, but the government was already on to him, and a civilian … Continue reading

Posted in Reasonable expectation of privacy, Reasonable suspicion | Comments Off

E.D.Tenn.: Passenger’s seatbelt violation supports stop

The officer testified that the reason for this stop was that the passenger wasn’t wearing a seatbelt. The court credits the officer, and nothing, including the video, disproves it. “Given Posey’s vast experience detecting seatbelt violations, it is entirely plausible … Continue reading

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DC: Failing to file a motion to suppress is waiver of the issue

Defendant never filed a motion to suppress prior to trial, so the search and seizure claim is waived. Proctor v. United States, 2017 D.C. App. LEXIS 55 (March 16, 2017). The passenger didn’t have standing for the search of the … Continue reading

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CA11: Partially obscured LPN justified stop when LPN reader couldn’t read it

A partially obscured license plate because of a license plate bracket with an eagle on top that covered “Alabama” but not “God Bless America” on the bottom was a violation of Alabama law justifying the stop. The license plate couldn’t … Continue reading

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D.Nev.: No RS for patdown; result of patdown and car search excised from SW affidavit and remainder lacks PC because informant uncorroborated

Defendant was stopped for speeding in a residential area, and he could be ordered out of the vehicle. His patdown, however, was unreasonable because there was no reasonable suspicion for it either by his word or actions or bulges in … Continue reading

Posted in Informant hearsay, Reasonable suspicion | Comments Off