Category Archives: Reasonable suspicion

CA11: “The record shows” without showing it is not a Franks “substantial preliminary showing”

Defendant failed to make an offer of proof as required by Franks. Merely saying “the record shows” or something like that without more is not a “substantial preliminary showing.” United States v. Ward, 2018 U.S. App. LEXIS 20674 (11th Cir. … Continue reading

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OR: Late night stop of apparently intoxicated driver permits officer to ask about weapons

During a stop for suspected DUI late at night, the officer can legitimately ask the defendant whether he is armed. State v. Miller, 363 Ore. 374, 2018 Ore. LEXIS 602 (July 26, 2018):

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CA3: What is a “Rodriquz moment” in dicta, not even decided

A long and interesting, albeit ultimately unnecessary, discussion of Rodriquez and what is a “Rodriguez moment.” There was reasonable suspicion on the totality for a longer detention. United States v. Green, 2018 U.S. App. LEXIS 20655 (3d Cir. July 25, … Continue reading

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N.D.Ala.: Def’s continued detention in traffic stop without RS required suppression

The officer continued the stop without reasonable cause and testified he decided to search the car only because he was concerned about officer safety and not getting shot. But, the search didn’t occur until well into the stop [and was … Continue reading

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OH & MO: Erratic driving justifies stop

Defendant’s stop was justified, and, during the stop, probable cause developed that he was operating under the influence. State v. Dallman, 2018-Ohio-2670, 2018 Ohio App. LEXIS 2890 (12th Dist. July 9, 2018).* Defendant’s erratic driving of swerving within his lane … Continue reading

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CA9: Def’s 22 minute detention was reasonable because he wouldn’t properly ID himself

Defendant’s 22-minute detention was reasonable because he was lying about who he was, and officers had a right to know. United States v. Thompson, 2018 U.S. App. LEXIS 18603 (9th Cir. July 9, 2018). Defendant’s vehicle was outside a house … Continue reading

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D.Minn.: USMJ’s order to disclose all CIs is overbroad; not if they aren’t trial witnesses

The USMJ’s order to disclose all information about the informants was overbroad because it included informant’s who are not trial witnesses. It is limited to those who are trial witnesses. United States v. Bias, 2018 U.S. Dist. LEXIS 112605 (D. … Continue reading

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D.S.D.: Pole camera surveillance was troubling, but for def being on supervised release with a reduced REP

Pole camera surveillance of defendant may have been intrusive, and the court is sensitive to the ability of a pole camera to invade on privacy, but this case turns on defendant being on supervised release with a lower expectation of … Continue reading

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DE: PC and nexus to search def’s house came from his leaving to do a drug deal on a bicycle and then coming right back

There was probable cause and nexus to search defendant’s house because he left the house on a bicycle to conduct a drug delivery and returned. Spencer v. State, 2018 Del. LEXIS 296 (June 26, 2018). There was probable cause to … Continue reading

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IN: A reasonable person in def’s position would not have felt detained and could have asked for his partially blocked car to be let out

The officer was inquiring of suspicious persons but did not yet have reasonable suspicion. Defendant’s car was partially blocked in, and the inquiries weren’t directed at him. A reasonable person in his position would have felt he could have asked … Continue reading

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PA: Victim was robbed of his iPhone and police tracked it to def by “Find My iPhone” app

The victim here was robbed of his iPhone and backpack, and it happened under a streetlight so he got a good look at the perpetrators. The victim told the officer his cell phone number, and the officer tracked it with … Continue reading

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D.Idaho: Consent irrelevant to a parole search

Defendant was reasonably subjected to a parole search, and withdrawal of his consent was irrelevant. United States v. Perales, 2018 U.S. Dist. LEXIS 99191 (D. Idaho June 11, 2018). The officer had reasonable suspicion to detain defendant for being a … Continue reading

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