Category Archives: Reasonable suspicion

CA8: Parole search of cell phone was reasonable

Defendant was on supervised release in Minnesota as a result of a state conviction. His cell phone was subject to search on reasonable suspicion, and Riley does not bar a parole or probation search of a cell phone. Moreover, his … Continue reading

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KY: Officers approached men on a street corner talking; telling def to “hang tight for a minute” because he wanted to run his name and SSN was a seizure requiring RS

Officers saw a group on a corner, so they initiated contact, just because they wanted to. They also attempted to get them to clean up the trash on the corner, which wasn’t shown to be their fault or responsibility. When … Continue reading

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MO: Def’s talking too fast and not looking as good as DL photo isn’t RS

The state trooper’s focus on defendant’s purse had nothing to do with the traffic stop, and it extended the stop. Her talking fast and not looking as good as the DL photo is not reasonable suspicion. The trial court’s suppression … Continue reading

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MA: An unreasonable and overlong detention of the car is also one of the passengers

The mere fact the car was rented provided no indication to the officer that the defendant wasn’t permitted to drive it, thus no reasonable suspicion from that. Thus, the stop was unreasonably extended without reasonable suspicion. When the detention is … Continue reading

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E.D.Va.: In an open carry state, more than presence of a gun is required for RS, and here the officers had it

In an open carry state, more is required for reasonable suspicion, and here it was present. “The Court finds that, by the time Officer Gohn saw the firearm in plain view on the floorboard of the Chevy Cobalt and verbally … Continue reading

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KS: If the officer had RS, he waited 24 minutes to call for a drug dog and then couldn’t get one for hours; stop too long and unreasonable

The officer supposedly had reasonable suspicion early into the stop, but he delayed 24 minutes before even attempting to locate a drug dog and it was then found that a drug dog couldn’t get there for quite a while. The … Continue reading

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N.D.Iowa: Holding def’s driver’s license shows he’s not free to leave

The officer continued to hold defendant’s driver’s license, and that meant to him he sure wasn’t free to leave. United States v. Steffens, 2019 U.S. Dist. LEXIS 122096 (N.D. Iowa July 23, 2019). Defendant was stopped for a muddy license … Continue reading

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NY3: No suppression hearing for lack of pleading a factual basis for suppression

Defendant was properly denied a suppression hearing for not alleging a factual basis for a suppression motion. People v. Seecoomar, 2019 NY Slip Op 05727, 2019 N.Y. App. Div. LEXIS 5742 (3d Dept. July 18, 2019).* The stop was justified. … Continue reading

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E.D.Tenn.: Def’s mother did not have joint control over a trailer he lived in on her property; officers at minimum should have inquired more

Defendant lived on property with his mother, but he was in a trailer. It was unreasonable for officers to believe that she had joint control over his part of the property. At best, the situation was such that officers should … Continue reading

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PA: Birchfield doesn’t prevent evidence of refusal

“[W]e conclude the ‘evidentiary consequence’ provided by Section 1547(e) for refusing to submit to a warrantless blood test — the admission of that refusal at a subsequent trial for DUI — remains constitutionally permissible post-Birchfield. We therefore affirm the order … Continue reading

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D.N.H.: Directing def to get out of his car after completion of all the tasks with the stop was to prolong it, not for safety reasons

At the point the stop should have been over because nothing was awry, directing defendant to get out of the car for a patdown that led to a finding of a wad of cash prolonged the stop under Rodriguez. “Rather, … Continue reading

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Cal.3: Broad electronic parole search condition was reasonable and related to the crime

Defendant was convicted of identity theft and he had an electronic search condition for his release. The computer search release condition was reasonable and not overbroad, and it was related to the underlying crime and how it was committed. People … Continue reading

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