Category Archives: Collective knowledge

CA6: Without RS, two officers get no QI, but another acting at their request does

Three officers were involved in defendant’s stop. Two were involved in the decision to stop, but, based on the factual dispute in the record, they do not get qualified immunity on the decision to make the stop. The third officer, … Continue reading

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OH12: Probation and its search condition doesn’t end with probationer’s arrest; house could be searched later

Defendant’s girlfriend was on probation, and she thus “consented” in advance to searches. She confessed during a probation visit that she used drugs, and they arrested her and then searched her and defendant’s place based on her probation search condition. … Continue reading

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NY1: Execution of SW on cell phone in police custody in 30 days not unreasonable

Defendant’s cell phones were already in the possession of the police, and the search warrant was deemed by its own language as executed on issuance. The actual search, however, took 30 days, and that wasn’t unreasonable. People v. Ruffin, 2019 … Continue reading

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D.D.C.: Collective knowledge doctrine doesn’t require that the officers actually share the information

The collective knowledge doctrine doesn’t require that the officers actually share the information. United States v. Devaugh, 2019 U.S. Dist. LEXIS 196059 (D.D.C. Nov. 12, 2019). The use of a “court ordered subpoena” apparently not issued on probable cause was … Continue reading

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E.D.La.: Alleged mistreatment during SW execution doesn’t overcome overwhelming facts of guilt

Defendant’s alleged mistreatment during the execution of the search warrant, which was only vaguely described in the opinion, even if provable, wouldn’t overcome the overwhelming proof of guilt. Here it was raised as an IAC claim. United States v. Puente, … Continue reading

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D.N.M.: It’s not a Franks violation to fail to mention any deals with the CI; it’s assumed

“Second, as to Mr. Ramos-Castillo’s argument that Agent Godier omitted material information by failing to include law enforcement’s numerous promises to Mr. Salazar, the Court finds that the failure to explicitly include this information does not amount to material omission … Continue reading

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CA6: Tightening handcuffs more when arrestee complains and threatening her life overcame QI

“A group of masked City of Detroit police officers broke down plaintiff Katrina McGrew’s door, threw her to the ground, and handcuffed her so tightly it left bruises. When she complained about how constricting the handcuffs were, the officers threatened … Continue reading

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CA2: RS of stolen car not immediately dispelled by computer check

Officers had unusual facts during their stop of defendant that supported reasonable suspicion the vehicle might be stolen. Even a computer check didn’t completely dispel reasonable suspicion, so brief continuation of the stop was proper. United States v. Wallace, 2019 … Continue reading

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GA: Collective knowledge supports RS

Collective knowledge of police officers can provide the reasonable suspicion necessary for an officer to prolong a stop in accord with Rodriguez. Hall v. State, 2019 Ga. App. LEXIS 477 (Aug. 23, 2019). There was probable cause for plaintiff’s arrest, … Continue reading

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CO: Every officer involved doesn’t need to be called to testify to collective knowledge

The trial court misapplied the collective knowledge doctrine and held that the state failed to show reasonable suspicion without testimony from every officer involved. There was, in fact, reasonable suspicion for defendant’s stop. Officers followed a vehicle from the home … Continue reading

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N.D.Ill.: Officer’s embellishments of drugs involved told to others didn’t undermine the real PC that existed to stop def

Defendant’s conversations were picked up on a wiretap and concerned his marijuana dealing and being a felon in possession of a firearm. Despite officer embellishments in other types of drugs defendant was involved in shared with other officers (heroin, etc.), … Continue reading

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TX13: Unsatisified state requirement issuing magistrate’s name be clearly stated warranted suppression

Texas added a fifth requirement to search warrants that the issuing magistrate’s name be clearly legible. It can be incorporated from the affidavit. Here it wasn’t, and the motion to suppress was properly granted and no good faith exception applies. … Continue reading

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