Category Archives: Reasonable suspicion

CA7: Officer did not violate 4A in reasonably handcuffing road rage suspect until RS dissipated

The district court erred in not granting summary judgment to the officer in this § 1983 case for his use of handcuffs on the plaintiff in his mid-60’s. There was reasonable suspicion for his stop as a suspect in a … Continue reading

Posted in Qualified immunity, Reasonable suspicion, Reasonableness, § 1983 / Bivens | Comments Off

E.D.Mich.: Driving somebody to a stash house isn’t probable cause for your house

The affidavit for the search warrant completely failed to show probable cause for defendant’s house. The fact he drove somebody to a stash house isn’t probable cause to believe he’s involved in the stash house and its drug trafficking organization. … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off

N.D.Ill.: Def’s actions gave RS for cell phone and computer searches when he came into O’Hare from the Philippines; he’d already been selected for secondary inspection

Defendant arrived at O’Hare on a flight from the Philippines. The government described how they took the passenger manifest of incoming flights and looked for likely candidates for a secondary search of computers and cell phones. Defendant had been there … Continue reading

Posted in Border search, Cell phones, Computer searches, Reasonable suspicion | Comments Off

SD: No corroboration of CI’s tip voided stop, even under Navarrette

“In each of the foregoing decisions, the stop at issue was upheld either because of independent observation by law-enforcement officers or because the tip itself demonstrated the informant’s basis of knowledge for alleging criminal conduct. In this case, the report … Continue reading

Posted in Informant hearsay, Reasonable suspicion | Comments Off

CA11: When one in a group in a high crime area flinches on seeing the police, others with him are subject to investigative detention

Officers approached a group of men standing in a high crime area, and one of them flinched on seeing the police. That was reasonable suspicion as to him and at least permitted a brief detention of the others in the … Continue reading

Posted in Reasonable suspicion, Stop and frisk | Comments Off

Slate: The Second Amendment vs. the Fourth Amendment

Slate: The Second Amendment vs. the Fourth Amendment by Mark Joseph Stern: Does exercising your right to carry a gun diminish your other constitutional protections? The American judiciary is currently engaged in a vigorous debate that can be summed up … Continue reading

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Cal.1: Telling def to keep hands out of pockets and move to sidewalk was not a seizure

Defendant was not detained when officers asked him to keep his hands out of his pockets and to step onto the sidewalk. The encounter did not become a detention until the officers used force to grab defendant’s arm and told … Continue reading

Posted in Ineffective assistance, Reasonable suspicion, Staleness | Comments Off

D.R.I.: Running a criminal background check during a traffic stop is reasonably part of the stop; RS not required

Defendant’s car was stopped because the passenger didn’t have his seatbelt on. A criminal background check was run, and it was part of the stop and did not require separate justification. That was enough to order defendant out of the … Continue reading

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D.Kan.: Officers on consent search saw cell phone in plain view and they knew it would have evidence on it; seizure proper

The court assumes without deciding that defendant had standing to challenge the search of his sister’s house because, although he was kicked out because of an arrest warrant for him, she let him back in to take a shower, charge … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off

IL: A hunch a man on the street has a gun in Chicago isn’t reason for a stop because of the state right to keep and bear arms

A hunch that a man on the street might have had a gun wasn’t reason for a stop because of the right to keep and bear arms. People v. Horton, 2017 IL App (1st) 142019, 2017 Ill. App. LEXIS 218 … Continue reading

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