Category Archives: Reasonable suspicion

D.Me.: CI’s prediction of future events enhanced veracity

There was probable cause for the search, and the CI’s veracity was enhanced by the CI’s prediction of future conduct. United States v. Stevenson, 2020 U.S. Dist. LEXIS 105420 (D. Me. June 17, 2020). “While Mendoza-Ricardo argues that the purpose … Continue reading

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D.Nev.: Lack of officer reports of facts for PC to arrest goes only to their credibility, but they still were

There was ample probable cause for defendants’ arrest and stopping their car to do it despite the lack of reports. That goes to credibility, and the court finds it wanting. United States v. Davis, 2020 U.S. Dist. LEXIS 105973 (D. … Continue reading

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NY2: CBP had RS for computer search for CP on def’s return through customs

Defendant was an airline pilot. HSI conducted a child pornography search at a residence in Texas that had an IP address associated with defendant, but none was found. Reasonably believing he had child pornography on his devices, they found he … Continue reading

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D.Utah: Not having rental agreement in hand permits officer to inquire of rental car company during stop

Defendant’s inability to produce a rental agreement for his car was a factor in reasonable suspicion and permitted the officer to call the rental car company to check. He also determined that defendant drove to California with a short turnaround. … Continue reading

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W.D.N.Y.: Inevitable discovery obviated def’s Franks challenge

A Franks hearing wasn’t required because the court finds that, even if Franks could be satisfied here, the evidence was inevitably found. United States v. Chapline, 2020 U.S. Dist. LEXIS 104509 (W.D. N.Y. June 12, 2020). It was reasonable to … Continue reading

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KS: Glover remanded to trial court

Kansas v. Glover is remanded to the trial court. State v. Glover, 2020 Kan. LEXIS 43 (June 12, 2020).

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D.Md.: Even if defense counsel had pursued a motion to suppress and won, the proof was so strong there was no Strickland prejudice

Even if defendant on post-conviction could have shown that a motion to suppress would have been granted if made, he can’t show prejudice because the proof at trial showed he almost certainly would have been convicted even without that evidence. … Continue reading

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CA8: Due process right to informational privacy not clearly established

Surveying SCOTUS cases, the court concludes that a due process right to informational privacy is not clearly established. Therefore, the motion to dismiss is granted. “Under Reichle, therefore, the uncertain status of the right to informational privacy means that Defendants … Continue reading

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CA7: Quick-turn flights of private airplane can contribute to RS

A private airplane’s “quick-turn flights, although not necessarily illegal, may contribute to reasonable suspicion of criminal conduct.” (California to Pennsylvania and waiting only a few hours; here stopped in Illinois) That, coupled with other information the officers had was reasonable … Continue reading

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HI: Dog sniff for drugs in traffic stop was not reasonably related to the purpose of the stop

Dog sniff for drugs in traffic stop was not reasonably related to the purpose of the stop, and it is suppressed. State v. Ikimaka, 2020 Haw. LEXIS 139 (June 9, 2020):

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D.Ariz.: Whether officer should have believed CI was lying not a Franks issue

Defendant contends that the affiant officer should have known that the CI was lying because of a motive to falsify, but doesn’t say how the officer would have known or did know. That’s insufficient for Franks. Another CI was not … Continue reading

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TN: Issue of issuing magistrate’s jurisdiction moot by automobile exception

Defendant’s dispute over whether the judge issuing the search warrant had jurisdiction over the vehicle from which DNA was taken because it was located in a different county is moot. The officers had probable cause in investigating a bloody homicide, … Continue reading

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NM doesn’t permit questions about travel in routine traffic stops while federal courts do

New Mexico requires under its state constitution that all questions during a traffic stop not be fishing expeditions about other things unless reasonable suspicion is present. Asking about where defendant had been and who he met were not related to … Continue reading

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MA: Owner’s DL was suspended, and it wasn’t apparent that driver wasn’t owner when stop occurred

Similar to Glover, Massachusetts held well before that the suspension of the owner’s DL can justify a stop. There was no indication [such as gender] here that the driver could not be the owner, so the stop was with reasonable … Continue reading

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WI: OUI justifies Gant search incident of vehicle based at least on RS evidence might be found

Arrest for OUI permits a search incident of the interior of defendant’s car for evidence of the offense under Gant based at least on reasonable suspicion. “[P1] We review a decision of the court of appeals affirming the circuit court … Continue reading

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CA3: Officer was face-to-face with citizen informant in a high-crime area about man with a gun; it was sufficiently reliable

“Officer Pickel received a tip that Torres, just moments before, had discharged a firearm in a high-crime area. A brief encounter with police ensued. Only thirty-five seconds elapsed between the time when Officer Pickel ordered Torres to stop and when … Continue reading

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