Category Archives: Reasonable suspicion

E.D.Ky.: Late night view through def’s apartment window violated Jardines but there was still PC without it

Officers conducted a drug investigation into defendant’s apartment and ultimately went to his window in the night to look in and used a flashlight. That was a violation of the Fourth Amendment under Jardines, and the view has to be … Continue reading

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S.D.Ohio: Nervousness of driver and two passengers in rental car wasn’t RS; detention was unreasonable

“The officers here initiated investigative activities that prolonged the traffic stop, but are unable to articulate grounds, existing when they started those investigative activities, giving rise to a reasonable suspicion of criminal conduct. And no exception to the exclusionary rule … Continue reading

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MN: Driver’s potential violation of a pretrial release condition justified extending stop

The driver’s potential violation of a pretrial release condition observed by the officer was sufficient justification for extending a traffic stop first based on failure to signal. Violation of a condition of release could be a criminal violation. State v. … Continue reading

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GA: Even if pre-Carpenter CSLI was error [not] it was harmless error

Even if the good faith exception doesn’t admit CSLI before Carpenter, it’s harmless error. “At the time of Hill’s 2014 trial, controlling precedent held that a search warrant was not required to obtain cell site location data.” “Here, the cell … Continue reading

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PA addresses smell of MJ in a new MMJ state: it’s a factor in RS, and not determinative of RS or PC

Under the Pennsylvania Medical Marijuana Act, the smell of marijuana is only a factor in reasonable suspicion for a detention or probable cause for a search since many Pennsylvanians can now legally possess. There is no per se rule. Presentation … Continue reading

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TN: Parole search is a question of standing

Defense counsel wasn’t ineffective for not challenge defendant’s parole search. In fact, “Because the search was a condition of his parole, the petitioner does not have standing to contest the search. Oody, 823 S.W.2d at 560; Turner, 297 S.W.3d at … Continue reading

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IA: All exculpatory evidence doesn’t have to be presented to issuing magistrate under Franks

“Case failed to make a preliminary showing to warrant a Franks hearing. See Baker, 925 N.W.2d at 615 (‘[A]n officer applying for a search warrant is not required to present all inculpatory and exculpatory evidence to the magistrate, only that … Continue reading

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AR: An anonymous call to police with extraneous detail about a possible DWI was RS

An anonymous call to police (not 911) with extraneous detail about a possible DWI was reasonable suspicion. Gross v. State, 2020 Ark. App. 432 (Sept. 23, 2020):

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GA: Tracking stolen cell phone by its find phone app resulted in unlawful entry onto curtilage

Defendant is accused of robbery including stealing a cell phone which was tracked to his house by the find phone app. When police arrived, they found the vehicle described by the victim, and they entered the curtilage without a warrant. … Continue reading

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MN: McNeely retroactive where properly pled

“We also conclude that McNeely applies retroactively to Edwards’s test-refusal conviction. Finally, we conclude that the postconviction court erred when it failed to follow the heightened pleading requirement and burden-shifting procedure set out in Fagin. We therefore reverse the postconviction … Continue reading

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IL: Simple question during SW execution about whether def had been subjected to a SW before wasn’t interrogation where he volunteered where a gun was

A question to defendant during execution of a search warrant whether he’d been the target of a search warrant before led to an incriminating and unsolicited response about a gun that would not be suppressed. He wasn’t being interrogated. Therefore, … Continue reading

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OH11: Police chase after bank robbery led to def’s house and RS for his stop

Officers had reasonable suspicion for stopping defendant for suspicion of being involved in a bank robbery. Police gave chase but lost him, but only after catching his license plate number. They went to his house and waited for him to … Continue reading

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NM & N.D.Iowa: Arrest or stop after NCIC check was reasonable

Defendant’s arrest after an NCIC check showed warrants for him was reasonable. State v. Widmer, 2020 N.M. App. LEXIS 41 (Sept. 15, 2020). To the same effect is United States v. Bullock, 020 U.S. Dist. LEXIS 170229 (N.D. Iowa Aug. … Continue reading

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M.D.Fla.: Scrivener’s error as to property to be seized was cured in context

A scrivener’s error as to alleged vagueness in the property to be searched and seized was cured in context of the documents. United States v. Carter, 2020 U.S. Dist. LEXIS 168543 (M.D. Fla. Sept. 15, 2020). Defendant’s blocking the street … Continue reading

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CA2: Being in a high-crime area doesn’t add to RS; stop here lacked RS

Reasonable suspicion was lacking. Being in a high-crime area doesn’t add much of anything. United States v. Weaver, 2020 U.S. App. LEXIS 29187 (2d Cir. Sept. 15, 2020)*:

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N.D.N.Y.: Removal of shoes not a strip search

School administrator’s direction to a student to remove shoes was not a strip search. I.S. v. Binghamton City Sch. Dist., 2020 U.S. Dist. LEXIS 167370 (N.D. N.Y. Sept. 14, 2020). 2254 petitioner litigated and lost his illegal arrest claim in … Continue reading

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