Category Archives: Reasonable suspicion

DE: Facts escalated from speeding to RS of DUI leading to SW for blood draw

Defendant’s stop started with speeding 85 in a 50, and the reasonable suspicion progressed to probable cause he was under the influence. “The Court also finds that Mr. Kamwani’s performance on the field sobriety tests, the odor of alcohol, the … Continue reading

Posted in Drug or alcohol testing, Reasonable suspicion | Comments Off on DE: Facts escalated from speeding to RS of DUI leading to SW for blood draw

AK: Def’s admission he had a knife during traffic stop justified a further patdown

Defendant was stopped for having studded tires after May 1st, and another warrant surfaced when checking on him. Despite the officer’s discretion to issue a summons or arrest, he still had the authority to conduct a patdown if there was … Continue reading

Posted in Reasonable suspicion | Comments Off on AK: Def’s admission he had a knife during traffic stop justified a further patdown

NYLJ: ‘DeBour’ Faces Increased Criticism: Where Do We Go From Here?

NYLJ: ‘DeBour’ Faces Increased Criticism: Where Do We Go From Here? By Barry Kamins: In this article on Criminal Law and Procedure, Barry Kamins looks at criticism of ‘People v. DeBours,’ the case establishing the level of intrusion allowed during … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off on NYLJ: ‘DeBour’ Faces Increased Criticism: Where Do We Go From Here?

D.Minn.: An alert of a vehicle wanted in a bank robbery doesn’t need the LPN to provide RS

Defendants’ vehicle looked like one wanted in a recent bank robbery, and officers sped up to get closer, and the vehicle was speeding through a residential area. Aside from speeding, officers had reasonable suspicion they were involved in the bank … Continue reading

Posted in Reasonable suspicion | Comments Off on D.Minn.: An alert of a vehicle wanted in a bank robbery doesn’t need the LPN to provide RS

W.D.N.C.: RS applied to the car def got into despite the fact he wasn’t there when an occupant hid a gun

Officers had reasonable suspicion to conduct a protective weapons search of the car defendant came out of a motel and got into. While watching the car, before defendant was there, officers saw a juvenile hiding a gun under the floor … Continue reading

Posted in Reasonable suspicion | Comments Off on W.D.N.C.: RS applied to the car def got into despite the fact he wasn’t there when an occupant hid a gun

W.D.Wash.: RS present for protective weapons search of car under Long

There was reasonable suspicion for defendant’s stop, and that included a protective weapons search for a firearm under Michigan v. Long, which produced one. United States v. Caraang, 2018 U.S. Dist. LEXIS 81814 (W.D. Wash. May 15, 2018).* In the … Continue reading

Posted in Pretext, Reasonable suspicion | Comments Off on W.D.Wash.: RS present for protective weapons search of car under Long

M.D.Fla.: No prejudice for IAC where alleged 4A violation produced nothing for trial

One of defendant’s 2255 claims involved a search of a gun safe that had nothing of evidentiary value in it. It didn’t matter at trial, was a “red herring,” and there could be no prejudice. Belitsky v. United States, 2018 … Continue reading

Posted in Ineffective assistance, Reasonable suspicion | Comments Off on M.D.Fla.: No prejudice for IAC where alleged 4A violation produced nothing for trial

OR: Def adequately pled 4A and argued substance to preserve issue for appeal

Defendant preserved her Fourth Amendment claim by citing it in the motion and by arguing at the hearing the stop was impermissibly extended. “Although the question is close, we agree with defendant that her Fourth Amendment argument is adequately preserved … Continue reading

Posted in Burden of pleading, Reasonable suspicion | Comments Off on OR: Def adequately pled 4A and argued substance to preserve issue for appeal

W.D.Tex.: Stop for jaywalking in high crime area didn’t provide RS to detain to ask about drugs; removing key fob from pocket was 4A violation

Reasonable suspicion for jaywalking didn’t permit questioning about drugs just because defendant was in a high crime area. The use of defendant’s key fob in his pocket violated the Fourth Amendment, following United States v. Craddock, 841 F.3d 756, 760 … Continue reading

Posted in Reasonable expectation of privacy, Reasonable suspicion | Comments Off on W.D.Tex.: Stop for jaywalking in high crime area didn’t provide RS to detain to ask about drugs; removing key fob from pocket was 4A violation

NE: Stopping car leaving house under surveillance for which SW was sought was reasonable just to gather information

Defendant’s car was leaving a house under surveillance as a place where a gun safe was known to have been taken after a burglary to break it open. A search warrant was being sought. The stop was a seizure, but … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off on NE: Stopping car leaving house under surveillance for which SW was sought was reasonable just to gather information

N.D.Tex.: PV of short-barreled rifle and silencer was valid; incriminating nature immediately apparent

The incriminating nature of a short-barreled rifle and a homemade suppressor was immediately apparent for plain view purposes. United States v. Tidrow, 2018 U.S. Dist. LEXIS 81807 (N.D. Tex. May 15, 2018). “Prior to the stop of the vehicle, law … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off on N.D.Tex.: PV of short-barreled rifle and silencer was valid; incriminating nature immediately apparent

NC: Knock-and-talk at side door was unreasonable; the fact def’s friends and occasional buyers went to that door and not obvious front door isn’t an excuse

The police did a knock-and-talk and went to a side door. A knock-and-talk is limited to the door the public goes to. The fact an occasional visitor defendant knew well was permitted to go to another door doesn’t give the … Continue reading

Posted in Knock and talk, Reasonable suspicion | Comments Off on NC: Knock-and-talk at side door was unreasonable; the fact def’s friends and occasional buyers went to that door and not obvious front door isn’t an excuse