Category Archives: Reasonable suspicion

MO: Def’s overly nervous behavior, feigning sleep, hiding something, and admission he had a weapon was certainly RS

“The evidence supported a reasonable and particularized suspicion that Defendant was armed, based upon the following behavior exhibited by Defendant: (1) feigning to be asleep; (2) numerous false statements to police; (3) overly nervous demeanor and sweating; (4) flight-like behavior; … Continue reading

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techdirt: Appeals Court: Driving Attentively While Black Isn’t Probable Cause For A Traffic Stop

techdirt: Appeals Court: Driving Attentively While Black Isn’t Probable Cause For A Traffic Stop by Tim Cushing:

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The Verge: A pioneer in predictive policing is starting a troubling new project

The Verge: A pioneer in predictive policing is starting a troubling new project By Ali Winston and Ingrid Burrington:

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OH6: Challenge to credibility of one witness at suppression hearing wasn’t the PC challenge made on appeal

A challenge in the trial court that one of the officers wasn’t credible isn’t the same argument as there being a failure of probable cause. Therefore, the probable cause issue hasn’t been preserved. State v. Gibbs, 2018-Ohio-1549, 2018 Ohio App. … Continue reading

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OH9: “Counsel’s decision not to pursue every possible angle [in a suppression motion] is not ineffective assistance.”

“Counsel’s decision not to pursue every possible angle [in a suppression motion] is not ineffective assistance.” State v. Palmer, 2018-Ohio-1486, 2018 Ohio App. LEXIS 1631 (9th Dist. Apr. 18, 2018). Defendant’s swerving vehicle and trailer provided reasonable suspicion for a … Continue reading

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D.N.M.: RS can start as one thing and become something else

An officer on regular patrol saw defendant peering in a church window when there were no services. The officer stopped to inquire and defendant’s activity turned to suspicious for possessing a weapon. Reasonable suspicion can shift from one thing to … Continue reading

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N.D.Tex.: RS came from “extreme nervousness, conflicting stories, and the fact that he was traveling along a drug trafficking corridor”

“The government proved by a preponderance of the evidence that Trooper Styles developed reasonable suspicion of additional criminal activity during the initial stop and before Roberts consented to Trooper Styles’s request to search the Jeep. The facts of this case … Continue reading

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UT: While the CI’s stories alone were weak, police corroborated them

The two CI’s stories were weak in themselves, but the police succeeded in corroborating enough to rise to probable cause. State v. Matheson, 2018 Utah App. LEXIS 66 (Apr. 13, 2018).* Hitting the lane dividing line was justification for the … Continue reading

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FL2: Def stopped in the driveway where package of MJ was to delivered was without RS

“A mysterious parcel package was intercepted while en route to be delivered. It contained approximately ten pounds of marijuana. Someone sent the package. Someone was presumably going to pick it up. The principal question this appeal presents is whether investigating … Continue reading

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OH7: Driving on a suspended license doesn’t justify search incident of the car

Driving on a suspended license does not justify a search incident of his vehicle. Even worse, however, there was no justification for the arrest anyway. He was interrogated while handcuffed and admitted that there was heroin in his shoe. There … Continue reading

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IL: Def’s actions after stop to inquire rose to RS

Police encountered defendant and others in a car in a neighborhood where it didn’t seem to belong. The officers pulled up next to their car and talked. Based on furtive movements, the officer believed that defendant had a gun he … Continue reading

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D.S.C.: Considering the totality, there was no RS for defs’ detention for a dog sniff

“After consideration of the testimony presented during multiple lengthy suppression hearings, a thorough analysis of the relevant caselaw, and a careful review of the dashcam video of the traffic stop, the court grants the motion to suppress. The court finds … Continue reading

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