Category Archives: Reasonable suspicion

NE: Def was stopped on street bloody and highly agitated; he was detained and then officers were going to transport him away from area but not arrest him; patdown validly produced brass knuckles

Police responded to a call and found defendant on the street, and he’d apparently been involved in an altercation. He and his hands were bloody and he was highly agitated. Ultimately, the police handcuffed him until he calmed down while … Continue reading

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GA: Trial court failed to consider state’s alternative ground to sustain search; remanded

Defendant filed a motion to suppress and that put the state on notice that it had to prove the ordinance under which it prosecutes. The state failed to prove it up, but its backup argument was that the officer relied … Continue reading

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N.D.Okla.: Investigative detention at gunpoint isn’t per se unreasonable

An investigative detention at gunpoint isn’t per se unreasonable. Here, defendant was told to stay in the car and he didn’t, and the officer justifiably drew his weapon for self-protection. This wasn’t unreasonable under the circumstances. “In addition, over the … Continue reading

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N.D.Cal.: The question for a stop is potential danger, not “significant danger”

The government didn’t have to show that defendant posed a potential significant danger to officers; just a possible danger based on objective observations and knowledge. It satisfied that here even though the offense (flashing a weapon) happened earlier in the … Continue reading

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NC: CI merely located defendant; officers already had PC, so no disclosure of CI’s identity

Officers merely used the CI to locate the defendant, not for the probable cause to search, so no reason to disclose the CI is shown. State v. Heard, 2018 N.C. App. LEXIS 828 (Aug. 24, 2018). The dash cam video … Continue reading

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MA: Stop with guns drawn without RS unreasonable

A stop with guns drawn without reasonable suspicion was unreasonable. Summary by the court: “A Superior Court judge erred in denying the criminal defendant’s pretrial motion to suppress a firearm seized by police after a lawful stop of the vehicle … Continue reading

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E.D.Tex.: RS for stop was based on listening to wiretap

Listening live to wiretap, one officer contacted another for a stop based on a drug transaction occurring. This was reasonable suspicion even if there was no reasonable suspicion from a traffic stop. United States v. Jenkins, 2018 U.S. Dist. LEXIS … Continue reading

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DE: Def counsel was not ineffective for not arguing obvious typo on date justified suppression because it didn’t

The search warrant affidavit said August 3, 2015, but August was typed and the 3 written in. It’s clear from all the testimony that it was issued September 3, and the “August” wasn’t corrected. Therefore, defense counsel wasn’t ineffective for … Continue reading

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S.D.N.Y.: Franks challenge that SW general allegation about sex traffickers doesn’t apply to def isn’t false at this stage

Defendant is alleged to be involved in a sex trafficking operation that spanned nearly 20 years. His Franks motion is denied. One of the things he mentions was that he wasn’t involved with the Bloods in a long time, but … Continue reading

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D.Mont.: RS for stop near the border when driving appeared evasive; on stop there were furtive movements

The court finds reasonable suspicion for defendant’s stop near the Canadian border. The officer was following but without blue lights on, and the car was attempting to evade the officer by driving fast on a poorly maintained road. On the … Continue reading

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D.D.C.: Given RS for a stop, a full search of backpack exceeded Terry

Defendant was validly stopped under Terry, but the search of his backpack was unreasonable and amounted to a virtual search incident to arrest. “But the cases cited by the government, including United States v. Holmes, indicate precisely the opposite. Absent … Continue reading

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IN: Even though def called off drug deal with CI at last minute there still was RS

The CI was working off his own charges. The CI had to make several tries to make a deal with defendant, and, when it happened, there was advance planning related by the CI. They also were talking on a cell … Continue reading

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