Category Archives: Collective knowledge

TN: Collective knowledge also applies to RS

Collective knowledge also applies to reasonable suspicion. State v. Hodge, 2023 Tenn. Crim. App. LEXIS 317 (Aug. 24, 2023). Defendant’s “certified question” for appeal was overbroad. State v. Beech, 2023 Tenn. Crim. App. LEXIS 313 (Aug. 24, 2023).* Defendant was … Continue reading

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IN: 3 am entry into backyard to look for weapon when no one around couldn’t be justified by exigency

“There was no emergency here. Officer Eber and the trial court expressed concern that a firearm might have been lying in Hinton’s backyard and could be accessed by a child or other person. But, even if so, there was no … Continue reading

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CA1: Vertical collective knowledge applied; horizontal doesn’t have to be decided

Vertical collective knowledge clearly applies where an officer directed another to make a stop. Therefore, the bounds of horizontal collective knowledge doesn’t matter here. United States v. Balser, 2023 U.S. App. LEXIS 15060 (1st Cir. June 16, 2023) (a good … Continue reading

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E.D.Tenn.: Undated controlled buys had to be in five weeks before SW, and that’s not stale

The multiple controlled buys were undated in the search warrant application, but the common sense reading was that they were in the five weeks before the warrant issued. That shows an ongoing drug operation, and it’s not stale. United States … Continue reading

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CA6: Officer firing gun at a person he or she doesn’t know fired one, too, is excessive

Officers fired at plaintiff without knowing whether he was the one who fired a gun at them. The sound of racking a bullet into a gun’s chamber in the abstract was not enough. LeFtwich v. Driscoll, 2023 U.S. App. LEXIS … Continue reading

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AR: Suicide note and no answer at door justified exigent entry

Police responded to a call within minutes of a finding of a suicide note. “One officer called the on-call investigator after knocking on the door and getting no response. It was only then that the officers decided to breach the … Continue reading

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MA: Horizontal collective knowledge requires officers communicate with each other

Horizontal collective knowledge in Massachusetts requires the officers communicate with each other and share information. Commonwealth v. Privette, 2023 Mass. LEXIS 86 (Mar. 28, 2023):

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S.D.Tex.: Exigency still remained for a second protective sweep of the premises

Enough exigency still remained for a second protective sweep of the premises. United States v. Beard, 2023 U.S. Dist. LEXIS 29007 (S.D. Tex. Feb. 22, 2023). Collective knowledge from another police department can be relied up to show probable cause. … Continue reading

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CA4: Terry stop is not necessarily custody for Miranda purposes

A Terry stop is not necessarily custody for Miranda purposes. They can be, but they focus on different questions. United States v. Leggette, 2023 U.S. App. LEXIS 521 n.5 (4th Cir. Jan. 10, 2023). Collective knowledge of the officers involved … Continue reading

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FL4: Collective knowledge doctrine with anonymous or confidential sources requires passing details on to fellow officer

When the collective knowledge rule applies to information from an anonymous or confidential source, the officer using the information has to have actual knowledge of the factors supporting its reliability. Zarcadoolas v. Tony, 2023 Fla. App. LEXIS 26 n.3 (Fla. … Continue reading

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E.D.N.Y.: NYPD’s I-Card system when based on PC satisfies collective knowledge

NYPD issues what it calls an “I-Card” (“Activate Investigation Card”) which is supposed to be based on probable cause to believe a person committed a felony. With probable cause, the I-Card provides collective knowledge for an arrest. United States v. … Continue reading

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OH12: Dog alert on car and def’s person didn’t justify strip search

There was reasonable suspicion for and continuing defendant’s stop. A dog sniff was permitted. The dog’s alert, however, didn’t permit a strip search of defendant. It did permit a search of the person. State v. Owensby, 2022-Ohio-1702, 2022 Ohio App. … Continue reading

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W.D.Ky.: Non-answers to questions added to RS

There was reasonable suspicion here from the officer’s observations and defendant’s non-answers to questions. United States v. Dunn, 2022 U.S. Dist. LEXIS 41610 (W.D.Ky. Mar. 9, 2022).* Not filing a motion to suppress here was not ineffective assistance. Defendant was … Continue reading

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D.Conn.: Collective knowledge doctrine requires passing on some of the “knowledge”

Another officer stopping the defendant under the collective knowledge doctrine at least has to be informed of what the “knowledge” is that warrants the stop. Without it, no reasonable suspicion. United States v. Roman, 2022 U.S. Dist. LEXIS 30416 (D.Conn. … Continue reading

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WV: Officer admitted prior testimony was erroneous; not incredible as a matter of law

The officer obtaining the search warrant here was found to have mistakenly testified in federal court that he did not personally present this warrant to the magistrate. Admission of that mistake was credited here that he did present the affidavit. … Continue reading

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CA2: SW for premises was particular despite claim part of it was multifamily

The search warrant application didn’t mention that the premises was actually a multifamily dwelling. It appeared not to be, and the IP information for a child pornography search warrant came back to that address as a whole. “Regardless of whether … Continue reading

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NY4: Failure to ID source of information in affidavit for SW failed showing PC

“Here, the majority of the information provided in support of the warrant application was in an affidavit prepared by a detective, and that affidavit ‘does not “permit a reasonable inference that it was based upon [the detective]’s personal knowledge”’ .… … Continue reading

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OH: Statute doesn’t change rule that felony arrest on PC doesn’t need an arrest warrant

The Fourth Amendment and Ohio Constitution permit felony arrests in public on probable cause without exigency. Statute doesn’t change that. State v. Jordan, 2021-Ohio-3922, 2021 Ohio LEXIS 2213 (Nov. 9, 2021). “Here, the collective knowledge of Troopers Schulz, Colindres, and … Continue reading

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N.D.Ill.: Officer watching video of street radioing officer on the street about seeing a gun was RS

A Chicago PD officer was watching the streets with surveillance cameras, and he observed defendant apparently with a firearm under his shirt. That report to others who conducted the frisk was collective knowledge for a stop [although that phrase isn’t … Continue reading

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CA9: Retired LEO as civilian employee qualified under collective knowledge

A retired LEO experienced in drug cases who was now a civilian employee of the department could here be included within the collective knowledge doctrine. United States v. McCoy, 2021 U.S. App. LEXIS 30364 (9th Cir. Oct. 12, 2021). Probable … Continue reading

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