Category Archives: Reasonable suspicion

IL: Stop of a witness to a homicide led to RS for frisk

Defendant was seized as a witness to a homicide, not as a suspect. Once stopped, however, reasonable suspicion developed that he was in possession of a firearm, and a frisk was permitted. In re Tyreke H., 2017 IL App (1st) … Continue reading

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CA5: Thumping a spare tire, even if a search, was with RS and reasonable under 4A

“Here, the agent articulated several observations which, based on his eight years of experience at this checkpoint, indicated that the truck’s spare tire contained contraband. Viewing this testimony in the light most favorable to the Government, and giving due deference … Continue reading

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IA: Officer’s inquiry into a backpack unreasonably extended the stop

Defendant was stopped because there was a plastic film over his license plate that made one of the letters illegible in headlights. The purpose of the stop was complete within 3-4 minutes. The officer, however, suddenly became interested in a … Continue reading

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TX14: SW seizure of things besides child pornography to show def’s connection to the premises did not make the search unreasonable

The affidavit for the search warrant for defendant’s home and computer for child pornography was based on probable cause. The seizure of things besides child pornography to show defendant’s connection to the premises did not make the search unreasonable. (§ … Continue reading

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CA9: Rodriguez taint from one stop affected a later one where the first officer had to let the vehicle go when the dog was delayed

The district court did not err during a civil forfeiture action when it granted a claimant’s motion to suppress $167,070 a sheriff’s deputy found in a mobile home the claimant was driving, ordered the Government to return the money, and … Continue reading

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D.Colo: No REP in prison cell or photographs of inmate’s body in a prison murder case

Defendant was charged with murder of another inmate in ADX Florence. He had no reasonable expectation of privacy in his prison cell from a search, and photographing his body was reasonable and not an invasion of privacy. United States v. … Continue reading

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W.D.La.: Dismantling car battery within scope of consent to search car when drugs suspected there

Merely touching the fog line isn’t a safety factor, but the Louisiana courts have sustained that as a reason for a stop, so this court finds this stop reasonable. Defendant consented to a search of the car, and that would … Continue reading

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NC: Inconsistent stories from the passenger and driver alone isn’t RS

The passenger’s and driver’s stories weren’t inconsistent enough to justify reasonable suspicion. There were no other facts justifying suspicion of criminality. The officer asked about weapons, but he said that was common for a 4 am stop. State v. Nicholson, … Continue reading

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MT: Other than def’s parking on a used car lot being suspicious, no other fact developed to show RS

Defendant’s vehicle was parked on a used car lot, but nothing else was going on. The officer who spotted the car called for backup and four officers came up to the vehicle from behind. Parking on the lot alone was … Continue reading

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TX: Officer’s training and experience must be considered in the totality of RS

The court of appeals failed to consider and credit the officer’s training and experience in considering the totality of circumstances that the officer had reasonable suspicion under the Fourth Amendment to continue to detain defendant after the purposes of the … Continue reading

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