Category Archives: Informant hearsay

N.D.Cal.: There’s almost always PC in the contents of a stolen car, such as something of owner’s

There is probable cause to believe that there’s evidence of the crime in a stolen car. “It follows on this record that at a minimum there was also probable cause to believe that evidence of those suspected crimes (either car … Continue reading

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FL1: No REP in words blurted out in ER

Defendant’s blurting out that he’d murdered someone caught on bodycam in the ER wasn’t subject to suppression under the state communications privacy law because there was no reasonable expectation of privacy in the utterance. Reed v. State, 2022 Fla. App. … Continue reading

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MN: Reliable hearsay can be considered for PC

In determining probable cause, “reliable hearsay” may be considered. State v. Dixon, 2022 Minn. LEXIS 483 (Nov. 9, 2022). The question of lack of probable cause was not in the motion to suppress, but the trial court held there was, … Continue reading

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CA6: Officer’s mistake he’d worked with CI before not shown to be Franks violation

Officer’s mistake in saying he’d worked with CI before that proved false still wasn’t enough to show a Franks violation because it could just be an innocent mistake and not enough to undermine the probable cause. United States v. Duncan, … Continue reading

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D.D.C.: When stop was extended without RS, def’s assault on officers was not attenuated under Brown

The court finds the stop without reasonable suspicion. It was allegedly justified by paper LPN that didn’t match the car as without reasonable suspicion because the tags weren’t run until after the stop. That and other factors don’t make reasonable … Continue reading

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VI: Anonymous tip given observing altercation was sufficient for stop when substantially corroborated at scene

The detailed anonymous tip here was sufficient to support a stop when it was substantially corroborated at the scene. The caller observed an altercation in real time and described the two vehicles involved. It was at the top of a … Continue reading

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N.D.Ind.: Question is not actual reliability of police database, it is reasonableness of reliance on it

“As soon as [the officer] accessed [the database from the police car], he saw an alert suggesting that Defendant was armed. Defendant argues that Davis could not be sure of the accuracy of this information, but that hardly matters. Reasonable … Continue reading

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E.D.Cal.: Contraband cell phone in prison can be wiretapped outside of Title III

Because there is no reasonable expectation of privacy in a prison or in a cell phone in prison, a contraband cell phone can be wiretapped without a Title III warrant. United States v. Bash, 2022 U.S. Dist. LEXIS 180680 (E.D. … Continue reading

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NY2: Franks claim has to be fully developed; it’s more than just a false statement

Franks claim fails for failure to show how the alleged false statements undermined the probable cause. “The defendant failed to meet his burden of controverting the warrant, as he failed to analyze, must less establish, that after the excise of … Continue reading

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GA: Officers with an arrest warrant can enter the backyard, too

Officers with an arrest warrant for defendant at his place were permitted to enter the backyard too, where evidence was seen and seized. Jones v. State, 2022 Ga. LEXIS 256 (Sep. 20, 2022). Not mentioning in the affidavit for search … Continue reading

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E.D.Pa.: Searching administratively impounded taxi states 4A claim

Plaintiff states a claim against the Philadelphia Parking Authority for detaining his temporarily impounded taxi for a later search without justification. Mbagwu v. PPA Taxi & Limousine Div., 2022 U.S. Dist. LEXIS 167790 (E.D. Pa. Sep. 16, 2022). A cross-sex … Continue reading

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TX1: Consent to handling cell phone led to plain view of CP

Defendant consented to the officer handling his secondary cell phone that wasn’t able to make calls. The officer accidentally saw child pornography on the phone in plain view, and it was all reasonable. Thomson v. State, 2022 Tex. App. LEXIS … Continue reading

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D.Md.: Cell phone dump on a SW wasn’t shown to be overbroad

A cell phone dump after a search warrant wasn’t necessarily overbroad, and didn’t show it. “More particularity was impractical, and was not required.” United States v. Nelson, 2022 U.S. Dist. LEXIS 125994 (D. Md. July 15, 2022). Officers who used … Continue reading

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E.D.Ark.: Probation officer conducting home visit can smell around the door for drug use

A probation officer at defendant’s house for a home visit could smell around the door, and, here, the smell of marijuana being used inside was evident. That was not unreasonable. United States v. Toney, 2022 U.S. Dist. LEXIS 120895 (E.D. … Continue reading

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NJ: Refusal of a frisk without RS does not add to RS

There was no reasonable suspicion for defendant’s stop. People who live in a “high crime area” do not have lesser constitutional protection. The facts here just didn’t support a frisk, and he had a right to refuse one, and that … Continue reading

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CA8: PC shown but for nexus, but GFE overcame that

The district court held the affidavit for the search warrant didn’t say enough to supply nexus to defendant’s home, but the good faith exception applied. Affirmed. The affidavit was sufficient for probable cause defendant was involved in dealing drugs, and … Continue reading

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N.D.Ind.: Typo in SW home address was cured by picture of house

A typo in defendant’s home address was not prejudicial where there was a picture of the house included in the warrant. Thus, no ineffective assistance of counsel for not challenging it. Kassay v. United States, 2022 U.S. Dist. LEXIS 116669 … Continue reading

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CA11: Anonymous tip of bad driving corroborated by seeing it themselves

Anonymous report of bad driving led officers to observe defendant who saw it themselves. The stop was justified. United States v. Menendez, 2022 U.S. App. LEXIS 18232 (11th Cir. July 1, 2022). Defendant was suspected of building, buying, and selling … Continue reading

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M.D.Pa.: Trash pull corroborated CI

Here a trash pull corroborated the CI. United States v. Ledee, 2022 U.S. Dist. LEXIS 109859 (M.D. Pa. June 21, 2022). Defendant’s traffic stop for crossing the fog line was supported by the dashcam video. United States v. Webb, 2022 … Continue reading

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TX13: Gated community not curtilage, but def’s own curtilage was violated

Where the officers followed defendant into a gated community, the roadway within was not curtilage. Evans v. State, 995 S.W.2d 284, 286 (Tex. App.—Houston (14th Dist.) 1999, pet. ref’d). However, the entry into defendant’s own curtilage was unreasonable. State v. … Continue reading

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