Category Archives: Reasonable suspicion

E.D.N.Y.: Vehicle occupant’s “dipping motion” during stop was hiding something and RS

A vehicle occupant making a “dipping motion” when a stop occurs like they’re putting something on the floor or under the seat, either contraband or a weapon, is reasonable suspicion. United States v. Roberts, 2018 U.S. Dist. LEXIS 161968 (E.D. … Continue reading

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D.Conn.: Targetted burner phone ringing during stop on RS was PC for def’s arrest

CIs gave information that they bought drugs from a guy with a burner phone, and the phone was ultimately linked to defendant. Based on collective knowledge, the police had sufficient information for reasonable suspicion to stop and detain defendant. Defendant … Continue reading

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AR: Cell phone search suppressed and state gets do over with independent source doctrine

Probable cause was shown for a search warrant for a cell phone for taking video of defendant’s daughters changing clothes under a door. The independent source doctrine permitted police to get a second search warrant for the phone after the … Continue reading

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E.D.Ky.: RS started here with def’s justification for his actions on being a DEA informant

Defendant was validly stopped for a turn signal violation. During the stop, reasonable suspicion developed starting with defendant volunteering he was a DEA informant. United States v. Jackson, 2018 U.S. Dist. LEXIS 158598 (E.D. Ky. Sep. 18, 2018).* Defendant argued … Continue reading

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OH9: Probable hand-to-hand drug deal from car was RS for stop

Potential hand-to-hand drug deal in a car was reasonable suspicion for a stop. It’s what these officers were always looking for. [It may have ultimately had an innocent explanation, but it looked like it to them.] State v. Dunlap, 2018-Ohio-3658, … Continue reading

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W.D.Tenn.: Reasonable to block and stop a car that an officer thought had the subject of an arrest warrant in it

It was reasonable for the officer to block a car because he reasonably suspected that the person he wanted on an arrest warrant was in it and the honking of the car horn might have been a warning to others … Continue reading

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D.P.R.: Entry was justified to arrest a wanted dangerous person

Defendant had standing as a guest in Commonwealth subsidized housing. The record wasn’t clear on how long he stayed there in total, but clearly at the time of the search. The occupant’s lease prohibited extended stay guests, but it also … Continue reading

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N.D.Ohio: People found in the backyard when SW executed subject to frisk

It was reasonable to patdown men found in the backyard of a house searched under a warrant. Ybarra distinguished. There was virtually reasonable suspicion as to anybody associated with the property. United States v. Cargill, 2018 U.S. Dist. LEXIS 152038 … Continue reading

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W.D.La.: Being asleep in a running car with a gun in lap is RS

Police found a car stopped with the engine running and the driver unconscious or asleep with a gun in his lap. That justified further inquiry, and the officer’s actions were with reasonable suspicion. The fact his hands came up without … Continue reading

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E.D.Pa.: Pre-Carpenter obtaining CSLI under SCA was valid under GFE

CSLI obtained in January 2017 via the Stored Communications Act were admissible after Carpenter via the good faith exception. United States v. Pleasant, 2018 U.S. Dist. LEXIS 150406 (E.D. Pa. Sep. 5, 2018).* Defendant argued that the affidavit for the … Continue reading

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NE: Def was stopped on street bloody and highly agitated; he was detained and then officers were going to transport him away from area but not arrest him; patdown validly produced brass knuckles

Police responded to a call and found defendant on the street, and he’d apparently been involved in an altercation. He and his hands were bloody and he was highly agitated. Ultimately, the police handcuffed him until he calmed down while … Continue reading

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GA: Trial court failed to consider state’s alternative ground to sustain search; remanded

Defendant filed a motion to suppress and that put the state on notice that it had to prove the ordinance under which it prosecutes. The state failed to prove it up, but its backup argument was that the officer relied … Continue reading

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