Category Archives: Reasonable suspicion

OH10: Def who drove away from home before SW was executed could not be searched away from the house

Defendant left his house before the search warrant arrived. Under Bailey, he could not be stopped and searched away from the house. State v. Muldrow, 2017-Ohio-8839, 2017 Ohio App. LEXIS 5272 (10th Dist. Dec. 5, 2017). There was reasonable suspicion … Continue reading

Posted in Reasonable suspicion, Warrant execution | Comments Off

N.D.Ga.: Six month old information in gun sale case wasn’t stale

Defendant was alleged to have sold quantities of firearms more than once. Six month old information in a gun sale case was not stale. United States v. Fisher-Bland, 2017 U.S. Dist. LEXIS 199259 (N.D. Ga. Nov. 16, 2017), adopted, 2017 … Continue reading

Posted in Reasonable suspicion, Staleness | Comments Off

Guam: If no criminal case pending, motion for return of property can be treated as a new civil action

If a criminal case is not pending, a motion for return of property is treated as a new civil action, and should proceed accordingly (following state and federal cases, most recently Pristine Pre-Owned Auto, Inc. v. Courrier, 236 W. Va. … Continue reading

Posted in Reasonable suspicion, Rule 41(g) / Return of property | Comments Off

CA2: Traffic stop ignored traffic inquiries and went into carrying drugs within 5 minutes; unreasonable under Rodriguez but valid at time, so GFE applies

“This appeal arises out of a traffic stop of Defendant-Appellant Brayan Gomez and his resulting judgment of conviction for heroin-trafficking …. During the five-minute traffic stop prompted by multiple traffic violations, the officers prolonged Gomez’s seizure by asking him narcotics-related … Continue reading

Posted in Good faith exception, Reasonable suspicion | Comments Off

MD follows Strieff on attenuation from preexisting arrest warrant

“[W]here officers observed a group of individuals openly drinking what appeared to be an alcoholic beverage and one of them threw a bottle to the ground, the officers had reasonable suspicion to investigate a potential open container violation and to … Continue reading

Posted in Attenuation, Reasonable suspicion | Comments Off

NY1: Suppression of firearm in criminal case wasn’t collateral estoppel in civil case where ptf didn’t offer any evidence

Suppression of a firearm in the criminal court was not collateral estoppel to a civil case for false arrest, particularly where plaintiff offered no evidence at all. Davidson v. City of New York, 2017 NY Slip Op 08313, 2017 N.Y. … Continue reading

Posted in § 1983 / Bivens, Burden of proof, Immigration checkpoints, Reasonable suspicion | Comments Off

D.Minn.: DHS could stop airplane on ground for pilot certificate inspection; after PC found, airplane subject to automobile exception because of mobility

Federal officers can seek a pilot certificate inspection (PCI) of any airplane. 14 C.F.R. 61.51(i). “Although it seems obvious that the agents were interested in Defendants’ plane for drugs—and therefore that the PCI was merely a pretext to dig around—officers … Continue reading

Posted in Automobile exception, Reasonable suspicion, Seizure | Comments Off

E.D.La.: Casing parked cars the weekend before Mardi Gras then all getting in one car was RS

“As noted, the troopers had reasonable suspicion to stop the defendants. The troopers had watched a man, at night, in a high crime area during Mardi Gras, the busiest weekend of the year, peer into several unoccupied vehicles, and then … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off

E.D.N.C.: Fact POs entered third party’s home to arrest him doesn’t make it unreasonable

POs found defendant parolee at his girlfriend’s house that he was not approved to live in. It was arguable he didn’t have standing, and his reasonable expectation of privacy was reduced there [I think he would have standing as an … Continue reading

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

D.Me.: Sex offender on parole/probation subject to suspicionless search of computer

Defendant was a sex offender on probation after prison, and he had a search condition. The police and probation had information that he had child pornography on his computer. A probation search of an SD card revealed the child pornography. … Continue reading

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