Category Archives: Reasonableness

OH11: Knocking on door jamb and pushing open partly open door was reasonable and with exigent circumstances

Defendant’s motel room door was partly open, and the officer knocked on the door jamb and then pushed the door open. This was reasonable because there was both probable cause and exigent circumstances for opening the door. State v. Fletcher, … Continue reading

Posted in Reasonable suspicion, Reasonableness | Comments Off

S.D.Ala.: Hitting fog line 8 times is reason for a stop even if it doesn’t necessarily violation AL law

Touching the fog line once isn’t an offense (and dozens of cases are cited), but eight times is reasonable suspicion for a stop and at least justifies it under Heien: “While the Court questions whether touching or slightly crossing a … Continue reading

Posted in Consent, Reasonableness | Comments Off

D.N.M.: Opening car door to check the Nader sticker for the VIN on RS was not unreasonable

Opening a car door to check the Nader sticker for the VIN was not unreasonable and did not involve invading a space inside the car. By the time that happened, there was reasonable suspicion. Then there was consent to search … Continue reading

Posted in Border search, Cell phones, Reasonableness | Comments Off

NJ permits limited search of the console when the def makes a half-hearted attempt to locate the papers for the vehicle

New Jersey again permits a limited search of the console [and likely glove compartment] when the defendant makes a half-hearted attempt to locate the papers for the vehicle. This is a limited search for the papers only, which would be … Continue reading

Posted in Community caretaking function, Reasonableness | Comments Off

N.M.I.: Can you overcome officer’s credibility questions by calling it a “reasonable mistake of fact”?

Even if the trial court were to credit the defendant’s version that his sudden lane change was to dodge a puddle or a dog, the officer didn’t see a puddle or dog, just the lane change and that made the … Continue reading

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FL2: Def has standing in a package shipped to him under an assumed name

Defendant stated enough to get a hearing on his post-conviction claim that his defense counsel didn’t properly pursue a motion to suppress a package shipped to him under an assumed name, giving him standing in the package, on the ground … Continue reading

Posted in Reasonable expectation of privacy, Reasonableness | Comments Off

CA5: The length of computer search didn’t make it unreasonable where def was a lawyer and taint team had to do first review

Defendant was a lawyer who took his computer in to have the data on the hard drive switched to a new computer. The service guy doing the job noticed file names suggestive of child pornography and he saw at least … Continue reading

Posted in Computer searches, Reasonableness, Scope of search | Comments Off

FL1: Officer was reasonable in reentering car to retrieve money he took off def and put in car seat; plain view sustained

When defendant was frisked, $1,188 was removed from him, and the officer put it on the trunk then thought to put it through the window so it wouldn’t blow away. The officer then acted reasonably going back into the unlocked … Continue reading

Posted in E-mail, Plain view, feel, smell, Reasonableness | Comments Off

E.D.Mich.: Mixed motive for otherwise valid inventory doesn’t make it unreasonable

A mixed motive for an inventory search doesn’t make it unreasonable as long as the inventory was reasonable. United States v. Dowl, 2017 U.S. Dist. LEXIS 7184 (E.D. Mich. Jan. 19, 2017):

Posted in Inventory, Reasonableness | Comments Off

IN: Tossing flash bang into room with only a 9 month old baby in a playpen during drug raid was excessive under the circumstances; suppressed

Using a flash bang device during a SWAT drug raid that went off in a room with only a nine-month old baby in a playpen violated the state constitution for its overall unreasonableness. Watkins v. State, 2017 Ind. App. LEXIS … Continue reading

Posted in Reasonableness, Warrant execution | Comments Off