Category Archives: Reasonable suspicion

MN: Getting out of a car, looking at officer, then walking away was hardly RS

Defendant’s stop, handcuffing, and questioning was without reasonable suspicion based on his looking at officers and walking away. State v. Davis, 2018 Minn. App. LEXIS 162 (Apr. 2, 2018) (“he looked at me” or “he didn’t look at me” has … Continue reading

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ND: “Constructive possession of drug paraphernalia is sufficient probable cause to arrest.”

“Constructive possession of drug paraphernalia is sufficient probable cause to arrest.” State v. Terrill, 2018 ND 78, 2018 N.D. LEXIS 89 (Mar. 22, 2018). Ordering defendant out of his vehicle was reasonable even in a stop for overtinted windows. The … Continue reading

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W.D.Mo.: Trespassing on a shopping center parking lot after being told to leave was RS

Officers went to a shopping center parking lot to roust people meeting in the parking lot that they suspected were gang members. Defendant was told to leave, and he drove around and didn’t. The stop of his car was based … Continue reading

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E.D.Ky.: “[W]hen officers rely on a judicially secured warrant, they are generally entitled to qualified immunity.”

“In search and seizure cases, when officers rely on a judicially secured warrant, they are generally entitled to qualified immunity.” Plaintiff claimed false information was provided for the warrant, but he fails in his burden of showing a fact question … Continue reading

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OH11: Def’s vehicle and occupants matching description of bank robbery getaway car and suspects was RS

Defendant’s vehicle matched the description of a bank robbery suspect’s truck in terms of the color, size, make, and model, and the defendant matched the suspect’s description in terms of his gender, race, and clothing. That was reasonable suspicion. State … Continue reading

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W.D.Pa.: Ordering occupants to stay in parked car officer pulled up behind was a seizure, but with RS

The officer pulled up behind defendant’s parked car. “[T]he Court concludes that the officers pulling up behind the parked vehicle constituted a mere encounter that did not ripen into a seizure for Fourth Amendment purposes until Sergeant Spangler ordered Defendant … Continue reading

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ID: Search of driver while waiting for confirmation of outstanding warrant suppressed; second search after finding it was valid; no inevitable discovery

Defendant was stopped for a traffic offense, and it came back that there might be a warrant for him. Under state practice, the police then seek confirmation of the warrant before acting on it. Here, however, defendant was frisked incident … Continue reading

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NY2: Def ordered out of backseat of car during speeding stop resulted in admission of gun; suppressed for lack of RS

Defendant was in the backseat of a car stopped in Queens for speeding. The officer decided he was a little too nervous and had him get out and asked him what he had. Defendant said “I have a piece.” Based … Continue reading

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CA3: SW issued after alleged illegal entry was based on independent source and valid

“[W]hen police search a home pursuant to a warrant obtained after a warrantless search, evidence obtained pursuant to the warrant need not be suppressed so long as: (1) a neutral magistrate would still have issued the warrant ‘even if not … Continue reading

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W.D.N.Y.: Officers’ one minute discussion about def deciding what to do wasn’t being undiligent in pursuing their investigation

The officer here had reasonable suspicion defendant was carrying drugs, and the fact that another officer arrived and they talked about defendant for one minute didn’t show that they weren’t diligently following up in their investigation. United States v. Green, … Continue reading

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OH10: Def walking down street with a bullet magazine on belt wasn’t violating law and he could ignore officers

Defendant was walking down the street, and officers noticed he had a bullet magazine on his belt. They followed him to his residence, and he declined to talk to them and went inside. Their entry into his residence violated the … Continue reading

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CA8: The challenge to RS isn’t piece by piece; RS on totality

The police surveilled defendant’s garage where he was alleged to sell meth from his home in the early morning or at night when he was home. The totality of circumstances add up to reasonable suspicion, and defendant’s challenge was to … Continue reading

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