Category Archives: Burden of proof

PA: State failed in its burden of proof on inventory policy

The state failed to put on proof of the impoundment and inventory policy, so the trial court erred in finding it was reasonable. Commonwealth v. Brinson, 2024 PA Super 293, 2024 Pa. Super. LEXIS 536 (Dec. 9, 2024). Defendant’s car … Continue reading

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OR: Backpack’s inventory on admission to treatment facility was reasonable

Police could inventory defendant’s backpack when he was picked up and transported to a treatment facility. Inventory was provided for by local ordinance. The same policies apply to inventory even if defendant isn’t in jail. State v. Wilcox, 335 Or … Continue reading

Posted in Admissibility of evidence, Burden of proof, Curtilage, Inventory, Knock and talk, Probable cause | Comments Off on OR: Backpack’s inventory on admission to treatment facility was reasonable

LA5: SW support was thin, but def didn’t carry burden to overcome presumption of validity

Here the affidavit had a gratuitous statement that there were federal wiretaps, but they didn’t involve defendant. Still, it made it into the affidavit for warrant along with identification information. There were also observations of him going into suspect premises. … Continue reading

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N.D.Cal.: Checking DMV and criminal history during a traffic stop not unreasonable

Checking DMV and criminal history during a traffic stop is not unreasonable. United States v. Daniels, 2024 U.S. Dist. LEXIS 190101 (N.D. Cal. Oct. 18, 2024). Defendant “argues that the bodycam evidence refutes Trooper Myer’s testimony that the truck and … Continue reading

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N.D.Ga.: Opening car door during stop requires RS

Opening a car door during a traffic stop requires reasonable suspicion and is governed by Terry. On the totality, officers had it based on a detailed BOLO. United States v. Crumbley, 2024 U.S. Dist. LEXIS 189567 (N.D. Ga. Oct. 18, … Continue reading

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FL1: Def’s refusal to admit computer searched was his denies him standing

At the suppression hearing, defendant refused to claim ownership of the computer the subject of the motion to suppress. Therefore, he has no standing. Alternatively, the good faith exception saves the search even if there was no probable cause. Bates … Continue reading

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N.D.Ga.: Having cell phone at scene of crime justifies its seizure under plain view

There was justification for the plain view seizure of defendant’s cell phone when it came to the scene of the crime with him. United States v. Dulaney, 2024 U.S. Dist. LEXIS 151204 (N.D. Ga. Aug. 23, 2024).* “Saldana-Alaniz fails to … Continue reading

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CA11: Week’s delay in getting SW for cell phone was reasonable; def in custody and didn’t ask for it back.

The warrant for defendant’s cell phone wasn’t issued for a week, but the delay was reasonable. He was in jail with a diminished privacy interest, and he didn’t ask for it back. United States v. Watson, 2024 U.S. App. LEXIS … Continue reading

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S.D.Ga.: State knock-and-announce statute, if it applies at all, doesn’t confer standing on an alleged guest

Plaintiff said she was an overnight guest at the house searched and thus had standing, except that was never proved. “None of those facts are present here, as there is no record evidence showing that James had personal belongings in … Continue reading

Posted in Burden of proof, Exclusionary rule, Knock and announce, Reasonable suspicion, Standing | Comments Off on S.D.Ga.: State knock-and-announce statute, if it applies at all, doesn’t confer standing on an alleged guest

N.D.Ohio: When a stop is based on a law enforcement database, does reliability have to be shown? Here there was more

When a stop is based on a computerized law enforcement database, whether it has to be corroborated (see Gonzalez v. United States Immigration. & Customs Enf’t, 975 F.3d 788, 819 (9th Cir. 2020)) isn’t decided here because here there was … Continue reading

Posted in Burden of pleading, Burden of proof, Prison and jail searches, Reasonable suspicion, Waiver | Comments Off on N.D.Ohio: When a stop is based on a law enforcement database, does reliability have to be shown? Here there was more

OH1: Inadvertence for plain view is a fact question

The inadvertence requirement of plain view here was a fact question. Police showed up on a wellness check about an allegedly suicidal person. Here it was a syringe cap that led to finding the syringe. State v. Hyatt, 2024-Ohio-2422 (1st … Continue reading

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Two on standing in a rental car

“We find that Guice was, like the driver in Byrd, a driver in lawful possession or control of a rental car and the mere fact that she had retained the vehicle beyond the rental return date does not defeat her … Continue reading

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E.D.Ky.: When court can’t tell the dog alerted, motion to suppress granted

The court reviewing the dashcam video repeatedly cannot tell that the dog alerts at all. Motion to suppress granted. United States v. Edmonds, 2024 U.S. Dist. LEXIS 74570 (E.D. Ky. Apr. 24, 2024). Update: techdirt: Court To Cops: If We … Continue reading

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E.D.Mich.: Collateral estoppel bars religitating search in a § 1983 case where motion to suppress lost in criminal case

Collateral estoppel bars relitigating a search in a § 1983 case found lawful in an underlying criminal case. Boseman v. Flint Police Dep’t, 2024 U.S. Dist. LEXIS 46699 (E.D. Mich. Mar. 15, 2024). “As discussed, Brown acquired the information giving … Continue reading

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OH1: Trial court erred in not suppressing when officer couldn’t remember the basis of stop

Defendant satisfied his burden of pleading by stating the stop was without justification. At the hearing on the motion to suppress this OVI case, the officer couldn’t remember why defendant was stopped. The trial court erred in not suppressing. State … Continue reading

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N.D.Ohio: Drug lab results from controlled buy not required for PC

The government had probable cause for the search warrant for defendant’s house despite the fact that the drugs previously bought from him hadn’t come back from testing at the crime lab. United States v. Clark, 2024 U.S. Dist. LEXIS 24651 … Continue reading

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E.D.N.C.: This iCloud SW not overbroad

The warrant for defendant’s iCloud account was not overbroad. Defendant essentially admitted that the information sought would be found there. United States v. Duncan, 2024 U.S. Dist. LEXIS 11090 (E.D.N.C. Jan. 22, 2024).* Defendant was in a rental vehicle, but … Continue reading

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W.D.Ky.: Boilerplate in affidavit doesn’t matter if the critical facts show PC

Boilerplate information in the affidavit for warrant doesn’t matter as long as the critical facts show probable cause, and here they did. There were five facts supporting probable cause. United States v. Morton, 2024 U.S. Dist. LEXIS 7580 (W.D. Ky. … Continue reading

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SD: Failure to put SW materials in record means trial court presumed correct

There were two search warrants for location data and defendant’s cell phone. Without the search warrant materials in the appellate record, there’s nothing to review and the trial court is assumed to be correct. State v. Horse, 2024 S.D. 4, … Continue reading

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FL6: Trial court erred by de novo review of SW application

The trial court conducted a de novo review of the search warrant application, not seeing whether there was a substantial basis for finding probable cause. This was error. State v. Freeman, 2024 Fla. App. LEXIS 115 (Fla. 6th DCA Jan. … Continue reading

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