Category Archives: Reasonable suspicion

D.Utah: Officer-caused 2-sec traffic violation was not RS for stop

The officer’s probably unintentional causing of defendant’s traffic violation made the stop unreasonable. Even if the stop was reasonable, there was no reasonable suspicion for continuing it. United States v. Esteban, 2017 U.S. Dist. LEXIS 211294 (D. Utah Dec. 22, … Continue reading

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CA10: RS on totality, and most significant factor was occupants’ stories obviously being made up “on the spot”

There was reasonable suspicion on the totality from two factors that didn’t mean a lot on their own (nervousness and unusual travel plans) and one that did: completely inconsistent stories between the driver and passenger obviously being made up “on … Continue reading

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MD: Michigan v. Long protective frisk of a car includes looking under floor mats

Defendant was driving in a high crime area and engaging in activity suggesting a drug transaction. When officer stopped his vehicle, he acted suspiciously and made furtive movements. The Michigan v. Long protective sweep of a car includes lifting the … Continue reading

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D.Nev.: Despite legalization of recreational marijuana, smell of burnt marijuana in car is RS for detention for impaired driving

Despite the fact the Clark County DA announced they were no longer prosecuting ½ ounce or less marijuana cases along with voters adopting decriminalization of recreational marijuana, defendant’s detention for sleeping in his car in the middle of the Flamingo … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion | Comments Off

CA9: RS here didn’t dissipate during the stop when def got out of car and all kinds of identity theft stuff fell out of his lap

Defendant’s claim that reasonable suspicion for his continued detention would have dissipated is rejected. Defendant was driving a car where the front plate didn’t match the rear plate, and that strongly suggests it was a stolen car, and stolen cars … Continue reading

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CA9: Car matching BOLO of bank robbery with two men had only woman driving; stop and continuation was with RS because they could be in trunk (and were)

A person outside a bank robbery believed that two male robbers got into a grey Ford Taurus to flee the scene. He called the police and followed. A little later, he saw that car had a woman driver, and he … Continue reading

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D.Kan.: Def’s putting cell phone in daughter’s backpack so she could play with it was not a waiver of REP

Defendant regularly stayed with his grandmother until a few weeks before the search, and by the time of search it was more intermittent. Still, he had standing in her house because he had clothes there and still stayed there. He … Continue reading

Posted in Cell phones, Reasonable expectation of privacy, Reasonable suspicion | Comments Off

PA: Anonymous tip man on specific bus was armed was insufficient for stop and frisk of def

An anonymous tip that a man on a specific bus was carrying a gun was insufficient to stop and frisk the defendant. When the officer drew a gun on him he was detained, and his subsequent actions could not be … Continue reading

Posted in Informant hearsay, Reasonable suspicion, Stop and frisk | Comments Off

FL5: Peeing in a parking lot is RS of “public nudity” justifying a stop

Peeing in a parking lot is reasonable suspicion of “public nudity” justifying a stop. State v. Harris, 2017 Fla. App. LEXIS 18994 (Fla. 5th DCA Dec. 15, 2017). Defendant’s rental company maintenance man was acting as a private citizen when … Continue reading

Posted in Motion to suppress, Private search, Reasonable suspicion | Comments Off

TX10: Walking away from a traffic stop is the crime of evading detention

For the purposes of the evading arrest or detention statute, defendant fled when he got out of the car and walked away from a lawful detention and did not stop when commanded by officers until he was about 40 feet … Continue reading

Posted in Reasonable suspicion, Seizure | Comments Off

E.D.Wis.: Furtive movement toward car during stop justified protective frisk of car

Defendant’s furtive movements toward his car and his agitated state justified a protective frisk of the car. United States v. Vaccaro, 2017 U.S. Dist. LEXIS 205804 (E.D. Wis. Sept. 18, 2017), adopted, 2017 U.S. Dist. LEXIS 204625 (E.D. Wis. Dec. … Continue reading

Posted in Ineffective assistance, Protective sweep, Reasonable suspicion | Comments Off

IL: Def’s stop was without RS, and his flight didn’t add anything to the totality

The stop of the juvenile in this case was without reasonable suspicion and was designed to be a show of authority. The juvenile fled, and, under the totality of circumstances, the court can’t say that it added anything to the … Continue reading

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