Category Archives: Collective knowledge

D.Colo.: Collective knowledge doctrine does not require that the officer requesting a stop actually tell the other officers the reason why

The collective knowledge doctrine does not require that the officer requesting a stop actually tell the other officers the reason why. United States v. Rubio-Sepulveda, 2017 U.S. Dist. LEXIS 23866 (D. Colo. Feb. 21, 2017):

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S.D.Fla.: Collective knowledge requires that the stopping officers have some knowledge of the reason for the stop

Collective knowledge doesn’t apply where the officers making the stop were not informed of what the DEA didn’t communicate. The stop was, however, valid based on traffic violations. The drug dog showed up while the main part of the traffic … Continue reading

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VT: Probation officer’s home visit is not a search

A probation officer’s home visit is not a search. Levitt v. State, 2016 VT 60, ¶ 32. State v. Albarelli, 2016 VT 119, 2016 Vt. LEXIS 121 (Nov. 18, 2016). The DUI roadblock in this case was established in accord … Continue reading

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D.Guam: Traffic ticket delayed by 20 min, but RS existed on collective knowledge

The officer delayed writing the traffic ticket in this case for 20 minutes after the report back on defendant’s license, so Rodriguez was seemingly violated. So, the question is reasonable suspicion. The collective knowledge doctrine, however, of reasonable suspicion gives … Continue reading

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D.N.J.: Inevitable discovery applied: (1) officers were drafting affidavit for warrant and (2) there was overwhelming PC

The government proved inevitable discovery applied because (1) they had already started drafting the warrant when the allegedly illegal search occurred and (2) there was overwhelming probable cause for the search. United States v. Restitullo, 2016 U.S. Dist. LEXIS 144269 … Continue reading

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ND: When suspect lives in house and drug paraphernalia out, it’s not “mere presence” for his detention

When drug paraphernalia is present and in plain view, detaining all present is not a detention for “mere presence.” Moreover, defendant stayed there. State v. Schmidt, 2016 ND 187, 2016 N.D. LEXIS 177 (Sept. 15, 2016). Defendant’s stop on Ft. … Continue reading

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IA: LEO had PC to arrest for parole violation when PO related violations and requested arrest

A police officer encountered defendant at a trailer park and found out he was on parole. Defendant gave his PO’s name, and the officer called. The PO said that defendant has missed meetings and failed a drug test and they … Continue reading

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VI: The court declines to adopt horizontal collective knowledge

The court declines to adopt horizontal collective knowledge since the V.I. Supreme Court has never addressed it. [It’s rationale, however, is likely at odds with Utah v. Strieff which likely was never briefed.] People v. Looby, 2016 V.I. LEXIS 114 … Continue reading

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VA adopts collective knowledge doctrine

Virginia finally adopts the collective knowledge doctrine. (Somehow it hadn’t had to before.) Edmond v. Commonwealth, 2016 Va. App. LEXIS 212 (Aug. 2, 2016):

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E.D.Ky.: Collective knowledge doesn’t require any one of them to know everything they collectively know

There was reasonable suspicion for the stop, which the defense didn’t seriously contest. What they did contest was collective knowledge, and that doctrine does not require that each officer know what the others know. United States v. Johnson, 2016 U.S. … Continue reading

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