Category Archives: Reasonable suspicion

D.Nev.: Motorcycle gang’s jacket and other vague things wasn’t RS; a Terry frisk requires separate justification from a Terry stop

A Terry stop doesn’t automatically include the ability to conduct a frisk because they have separate justifications. Here, defendant was wearing a motorcycle gang jacket, but nothing else came close to providing reasonable suspicion, and the motion to suppress is … Continue reading

Posted in Probation / Parole search, Reasonable suspicion, Stop and frisk | Comments Off

CA11: Becoming defensive about some questioning during stop didn’t rise to RS

Being in a high crime area and then becoming defensive only when the officer asked defendant where his mother lived when it came up was not reasonable suspicion. Defendant’s frisk was unreasonable on the totality. Suppressing the gun found on … Continue reading

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IN: Hot pursuit into Kentucky did not violate state constitution

Defendant was more than reasonably suspected of committing a homicide in Indiana, and police got a line on him heading to Kentucky. A vehicle matching the description of his was seen on the nearest bridge to Kentucky shortly thereafter and … Continue reading

Posted in Hot pursuit, Reasonable suspicion, State constitution | Comments Off

MA: Two detectives joining into a traffic stop didn’t make it unreasonable or extend it

The stop was for a traffic offense, and two detectives stopped to participate. Their questions about smelling marijuana didn’t unreasonably extend the stop. Commonwealth v. Buckley, 2018 Mass. LEXIS 87 (Feb. 14, 2018):

Posted in Reasonable suspicion, Reasonableness | Comments Off

C.D.Cal.: Strong air freshener isn’t RS to extend a stop

“The Domestic Highway Enforcement Team of the Los Angeles Sheriff’s Department is a special criminal investigation team employed to patrol Los Angeles County highways in search of criminal activity carried on in vehicles traveling on those highways. The team’s purpose … Continue reading

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DE: Def’s crossing the unmarked center of a highway for a couple of seconds wasn’t RS

“Here, Trooper Freeman testified that ‘the only basis for the stop’ was that Defendant veered into the left lane on a roadway that did not have solid lines. Speed was not a factor. Absent any testimony or video evidence concerning … Continue reading

Posted in Ineffective assistance, Probable cause, Reasonable suspicion | Comments Off

W.D.Wash.: Exclusionary rule wouldn’t apply to USCG’s obtaining medical records of merchant mariners (dicta)

Plaintiff sued the Coast Guard because it subpoenaed his medical records for the merchant marine, something completely within its statutory and regulatory authority. The Coast Guard 40 years ago determined that the exclusionary rule wouldn’t be applied to medical records … Continue reading

Posted in Administrative search, Reasonable suspicion | Comments Off

NY4: Pinging cell phone was harmless error even if a warrant was required

The pinging of defendant’s cell phone to find him was without a warrant. If it was constitutional error, it was harmless beyond a reasonable doubt. People v. Moorer, 2018 NY Slip Op 00754, 2018 N.Y. App. Div. LEXIS 697 (4th … Continue reading

Posted in Cell phones, Cell site location information, Informant hearsay, Reasonable suspicion | Comments Off

PA: Furtive movements then refusing to remove hands from pockets was RS

On a report of a man with a gun, officers went to area and found defendant who didn’t exactly match the description. As they circled the block, defendant would change directions. When they pulled up next to him, which was … Continue reading

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DE: Def’s texting victim was nexus to the cell phone

Defendant’s texting the victim gives nexus to the cell phone. There was a temporal limit on the warrant. State v. Rizzo, 2018 Del. Super. LEXIS 44 (Jan. 26, 2018) There was reasonable suspicion for seizure of a FedEx package from … Continue reading

Posted in Informant hearsay, Nexus, Reasonable suspicion | Comments Off

W.D.N.Y.: The stairwell of a hotel was a public place for arrest purposes

The government had detailed facts connecting defendant to a bank robbery and traced his movements, some with surveillance video. This was probable cause, and his arrest was in a public place, the stairwell in a hotel. United States v. Peeples, … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion | Comments Off

D.Minn.: Def’s admission of violation of internet limits on supervised release was RS

Defendant was on federal supervised release, and the reasonable suspicion of Knights applies, and the officers had it here because defendant admitted a violation of his internet usage agreement with the PO. United States v. Kuhnel, 2017 U.S. Dist. LEXIS … Continue reading

Posted in Consent, Drug or alcohol testing, Probation / Parole search, Reasonable suspicion | Comments Off