Category Archives: Reasonable suspicion

NE: After stop concluded, “[H]ey, before you go, do you have a minute to talk to me?” led to consensual extension of stop

The officer, in effect, told defendant she was free to leave, but he kept talking. “Second, VanWinkle did not require compliance with her request. VanWinkle asked, ‘[H]ey, before you go, do you have a minute to talk to me?’ The … Continue reading

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S.D.W.Va.: The single question “are there any weapons in the car” doesn’t extend the stop in violation of Rodriguez

“Even assuming here that the single question, whether there were any weapons in the car, was not related to the mission of the traffic stop, the question did not violate the Fourth Amendment because it did not lengthen the traffic … Continue reading

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CA3: Smell of burnt MJ and passenger rolling a blunt warranted stop and frisk for weapons

Defendants’ stop and frisk was reasonable. Their car was parked in a convenience stop parking lot, the motor was running, and the driver was apparently inside. The passenger was rolling a blunt, suggesting more marijuana in the car, and the … Continue reading

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TN: Belated writ of error coram nobis can’t be used in state court to challenge search that already was used in a federal case too to attempt to undo the federal case

Petitioner appears to be attempting to challenge his federal conviction in state court in a parallel criminal proceeding where the same search was used in both cases. He’s attempting to challenge the search in state court by writ of error … Continue reading

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W.D.Ark.: Whether windshield was cracked enough to be a violation of traffic laws doesn’t matter, it was still cracked which was enough for a stop

Defendant was stopped because of a crack in the windshield. He argued it wasn’t sufficiently cracked to be a violation of law. The point is, however, that the stop was at least justified by the crack. “To summarize, Officer Johnson … Continue reading

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OH2: On entry to arrest defendant when children were found at home, it was not unreasonable to look for others to care for them

On arresting defendant at home, the police later obtained a search warrant, too. The initial entry into the rest of the house to look for someone to tend to the children with defendant at the time of arrest was reasonable. … Continue reading

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D.Neb.: Advance notice def driving into state doesn’t require SW for car under automobile exception

Defendant concedes officers had probable cause. Just because they had advance notice defendant was coming because of the breadth of their investigation, the automobile exception allowed a vehicle search because of the mobility of the car. Advance notice still doesn’t … Continue reading

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W.D.Ky.: Questions about def having a firearm were unrelated to the basis of the stop; suppression granted

Defendant’s stop was pretextual, but it was with an objective basis. He was leaving a funeral at night with overtinted windows, and the officer couldn’t see inside. He was repeatedly asked about firearms in the car, something unrelated to the … Continue reading

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NC: Recognizing tension between prior cases and Navarette, the court finds this stop the same as Navarette

The NC courts have long recognized detailed anonymous tips as providing reasonable suspicion for a traffic stop, even before Navarette. “However, in light of the State’s argument, we must acknowledge the apparent tension between our prior case law addressing similar … Continue reading

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W.D.Wis.: Officers had a reasonable belief under Payton def was on the premises for execution of an arrest warrant

Based on surveillance, officers had a reasonable belief, even probable cause, to believe that defendant was in the house when they came with an arrest warrant. United States v. Burgess, 2019 U.S. Dist. LEXIS 157755 (W.D. Wis. Aug. 12, 2019),* … Continue reading

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CA2: Initially stopping for a police signal, arguing with officers, and then fleeing in a high speed chase wasn’t a “seizure” until he was arrested after the chase

Defendant wasn’t seized when he stopped as a result of a police signal, became argumentative, and fled the scene without submitting to authority. After that, he was seized after a high speed chase that gave the officers probable cause for … Continue reading

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FL5: Def made prima facie case that counsel’s abandoned search claim could have won; reversed

Defendant made a prima facie case at his post-conviction hearing. The evidence presented at the evidentiary hearing showed there was a reasonable probability that the motion to suppress would have been granted if pursued, and the evidence the State needed … Continue reading

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