Category Archives: Reasonable suspicion

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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CA10: “the Fourth Amendment doesn’t require officers to use the least intrusive method of acquiring information”

The district court was mistaken in holding that the defendant officers didn’t use the least restrictive means necessary when he was seized: “the Fourth Amendment doesn’t require officers to use the least intrusive method of acquiring information. See Armijo ex … Continue reading

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IA: Hour long detention waiting for drug dog lacked RS

Defendant was stopped for a window tint violation, which he didn’t contest. His LPN check of out-of-state plates took six minutes. It took nearly an hour for the drug dog to arrive. There was no reasonable suspicion for that long … Continue reading

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W.D.Ark.: Can’t relitigate appealed search issue in a 2255

“The very Fourth Amendment issues now raised by Berger in this § 2255 proceeding were raised and decided adversely to him on direct appeal. … He may not do so again now.” United States v. Berger, 2017 U.S. Dist. LEXIS … Continue reading

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E.D.N.C.: 15 second delay in raising hands when told to is RS

Officers had reasonable suspicion when they confronted defendant on the parking lot of a club where there had been many crimes in the past. His delay for 15 seconds in raising his hands justified drawing their weapons. United States v. … Continue reading

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IN: Officer safety concerns not shown for search of juvenile’s back pack for asking to borrow cell phone

The juvenile in this case was in a Kroger parking lot late one Sunday morning asking to use cell phones. The police were called, and he was found with two backpacks and the police suspected he was a runaway. A … Continue reading

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D.Nev.: Passenger’s refusal to answer basic questions and ignoring officer during routine traffic stop justified patdown

“Here, the Court finds that Officer Kunz had reasonable suspicion to believe that Defendant was armed and presently dangerous, such that his patdown of Defendant was lawful. The stop occurred at night, when it was dark outside. After the vehicle … Continue reading

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CA3: Being taken to a police station interrogation room in handcuffs was a de facto arrest

Defendant was de facto arrested when he was taken in handcuffs from the place of his seizure to a police station and placed in a holding cell for interrogation. United States v. Wrensford, 2017 U.S. App. LEXIS 13894 (3d Cir. … Continue reading

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