Category Archives: Reasonable suspicion

OR: Knowledge of the scope of consent needs to be unambiguous

Failure to object to a search is not consent unless it is unambiguously granted. On this record, it’s not clear defendant even knew that a search of a knotted grocery bag within a backpack would happen, so the case is … Continue reading

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OH11: Running away is withdrawal of consent to search, but reasonable suspicion for a patdown

Defendant was stopped and consented to a search of his person. When that started, he was moving like he was trying to hide something, then he ran away. Considering the location was a high crime area, there was at least … Continue reading

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W.D.Ky.: Mere refusal to cooperate is not RS, but headlong flight pretty much is

Mere refusal to cooperate is not reasonable suspicion, but headlong flight adds a lot to otherwise legally innocuous yet suggestive facts. United States v. Vance, 2017 U.S. Dist. LEXIS 87086 (W.D. Ky. June 6, 2017):

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OH3: Nine days of pole camera surveillance did not violate the 4A

Nine days of pole camera surveillance did not violate the Fourth Amendment. State v. Duvernay, 2017-Ohio-4219, 2017 Ohio App. LEXIS 2279 (3d Dist. June 12, 2017). The officer’s briefly talking to the defendant driver and his passenger did not unlawfully … Continue reading

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CT: Slight difference between description and actual dress didn’t undermine RS

Defendant’s request to stop by the police based on his description and clothing was still justified despite the slight disagreement between what he was wearing and the description. Reasonable suspicion developed and defendant’s pat down was justified. State v. Lewis, … Continue reading

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NY4: Probation condition that def consent to searches reasonably related to his crime and rehabilitation

Defendant’s probation condition that he consent to searches is reasonably related to his crime and rehabilitation. People v. King, 2017 NY Slip Op 04618, 2017 N.Y. App. Div. LEXIS 4686 (4th Dept. June 9, 2017).* “Giving due weight to each … Continue reading

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CA9: Second coordinated traffic stop after first was prolonged in violation of Rodriguez was “fruit of the poisonous tree”; cash for forfeiture suppressed

“We hold that the search of Gorman’s vehicle following the coordinated traffic stops violated the Constitution and affirm the district court’s order granting Gorman’s motion to suppress. Gorman’s first roadside detention was unreasonably prolonged in violation of the Fourth Amendment. … Continue reading

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CA1: 25-year-old prior could be considered by officer in RS totality

Reasonable suspicion was mounting from the beginning of the stop. Defendant was excessively nervous and repeatedly (to the surprise of the officer) consented to a search of the vehicle. Defendant’s 25 year old conviction wasn’t too stale to be considered … Continue reading

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DE: Positive probation drug screen 15 days earlier, with nothing more, wasn’t RS for a probation search of the house

Positive probation drug screen 15 days earlier, with nothing more, wasn’t reasonable suspicion for a probation search of the house. State v. Fax, 2017 Del. Super. LEXIS 270 (June 2, 2017). Geolocation information from a coconspirator’s cell phone was used … Continue reading

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D.Ariz.: Checking gun SN during frisk was unreasonable

While an officer can take a gun during a frisk, the officer can’t run the serial numbers [compare New York v. Class on VINs] as a part of a frisk. United States v. Shipley, 2017 U.S. Dist. LEXIS 83985 (D. … Continue reading

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