Category Archives: Reasonableness

W.D.Mo.: A reasonable but mistaken belief defendant’s car was just involved in a burglary justified its stop

A reasonable but mistaken belief defendant’s car was just involved in a burglary justified its stop. United States v. Morgan, 2018 U.S. Dist. LEXIS 208715 (W.D. Mo. Oct. 31, 2018), adopted, 2018 U.S. Dist. LEXIS 207735 (W.D. Mo. Dec. 10, … Continue reading

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N.D.Ga.: Surreptitiously made recording invalid by Georgia statute is still admissible in federal court

A surreptitiously made recording invalid by Georgia statute is still admissible in federal court. United States v. Kilpatrick, 2018 U.S. Dist. LEXIS 208799 (N.D. Ga. Nov. 1, 2018), adopted, 2018 U.S. Dist. LEXIS 208223 (N.D. Ga. Dec. 10, 2018). At … Continue reading

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D.Ore.: Where the detention was with RS, the fact it took an hour to get a free drug dog there wasn’t unreasonable

The officer had reasonable suspicion for detention for the dog sniff. Then it took an hour to get a drug dog there because the police were busy that night. It was not unreasonable on the totality. United States v. Krumwiede, … Continue reading

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KS: State law not ambiguous and Heien doesn’t make this reasonable

Kansas law was settled a decade before, so the state can’t claim that the officer’s allegedly reasonable mistake of law makes this stop reasonable under Heien. State v. Lees, 2018 Kan. App. LEXIS 64 (Nov. 16, 2018):

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CA7: Using several garage door openers in def’s vehicle to locate his stash house was a reasonable search

Defendant’s vehicle was stopped and several garage door openers were found. Using them to try to find defendant’s stash house was a search and it was reasonable, although close to the edge. United States v. Correa, 2018 U.S. App. LEXIS … Continue reading

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D.Minn.: Stop of wrong man on mistaken identity was objectively reasonable

Officers approached the defendant reasonably believing he was somebody else, and he ran. When they finally caught him and rolled him over, they realized they had the wrong person. Nevertheless, the stop was objectively reasonable despite mistaken identity. United States … Continue reading

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MA: Delay in searching cell phones lawfully seized wasn’t unreasonable

There was evidence defendants coordinated their actions while in separate cars, and that provided a strong inference they were in communication by cell phone, thus providing probable cause to search them. Police promptly seized the phones and then obtained search … Continue reading

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OH5: Stop became unreasonable where officer extended stop 13 minutes and never started on ticket for failure to signal

The trial court suppressed because the stop was overly extended. Defendant was stopped for alleged failure to signal, and it dragged on for 13 minutes without the officer ever starting on writing a ticket. Conceding the stop was likely valid, … Continue reading

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D.S.D.: Reasonable to stop car driving off rural property as police arrive to execute a SW

Officers arrived with a search warrant for a house on rural property, and a vehicle was leaving. It was reasonable to stop the vehicle to determine whether it or an occupant belonged at the house and was covered by the … Continue reading

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CA9: No QI for IRS agent insisting that she watch ptf pee in her own bathroom during execution of tax SW

During an IRS criminal search, an IRS supervisory officer insisted that she watch plaintiff urinate in plaintiff’s own bathroom. This was sufficient to show an unreasonable invasion of privacy and overcome qualified immunity. Ioane v. Hodges, 2018 U.S. App. LEXIS … Continue reading

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D.N.M.: Whether the maintaining one’s lane statute was violated is subject to Heien and the reasonable mistake of law

The collective knowledge doctrine applies to reasonable suspicion, too. Here, there is argument whether defendant actually violated the requirement of staying in his lane by touching the lane marker or crossing it. Either way, the court finds that this qualifies … Continue reading

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W.D.N.C.: When they had PC for rural house, entry to freeze situation was reasonable when magistrate was two hours away

After police stopped a car suspected in drug deals, they learned that the drugs came from a particular address which was used as a distribution point. They developed probable cause for the house. They were two hours away from a … Continue reading

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