Category Archives: Collective knowledge

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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WA: SW may be issued for mitigation evidence in death penalty case; here from def’s prison cell

A search warrant can be issued for evidence in mitigation of the death penalty. Defendant was charged with murder of a prison guard, and it was information in his prison cell of books, documents, and medical reports. The state law … Continue reading

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N.D.Ind.: Collective knowledge doctrine doesn’t require any specifics be held by officer making the stop

Under the collective knowledge doctrine, the officer actually making the stop doesn’t have to know much of anything that the officers with knowledge know. Nothing needs to be communicated, other than the identity of the person or car stopped. There … Continue reading

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FL1: Collective knowledge applies to affidavit for SW in CP case

The affiant on a child pornography search warrant doesn’t have to personally view the material. He can relate what another officer said who did see it under the collective knowledge doctrine. Mardosas v. State, 2018 Fla. App. LEXIS 14012 (Fla. … Continue reading

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D.Conn.: Targetted burner phone ringing during stop on RS was PC for def’s arrest

CIs gave information that they bought drugs from a guy with a burner phone, and the phone was ultimately linked to defendant. Based on collective knowledge, the police had sufficient information for reasonable suspicion to stop and detain defendant. Defendant … Continue reading

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CA4: Collective knowledge doctrine doesn’t require reporting back to the source

The CI’s information viewed under the totality provided reasonable suspicion for the stop of defendant. [Defendant’s approach was divide and conquer the facts.] The collective knowledge doctrine does not require the stopping and arresting officer keep the officer providing the … Continue reading

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D.D.C.: Flight from a potential encounter in a high crime area is RS; detention after that was reasonable based on collective knowledge

Flight from a potential encounter in a high crime area is reasonable suspicion. Detention after that was reasonable based on collective knowledge. The court also addresses at length vertical and horizontal collective knowledge and follows the Fourth Circuit rule that … Continue reading

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VI: BOLO information shared at beginning of shift satisfies collective knowledge

BOLO information shared with officers at the beginning of their shift qualifies as collective knowledge. Emanuel v. People, 2018 V.I. Supreme LEXIS 10 (June 15, 2018) (relying on United States v. Braden, 2012 U.S. Dist. LEXIS 115755 (W.D. Tenn. July … Continue reading

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PA: Second officer arriving at scene knew enough for collective knowledge to apply; full (and unnecessary) discussion of vertical v. horizontal collective knowledge if you’re interested

Pennsylvania adheres to the vertical approach of collective knowledge. Here, another officer got involved and made the decision to arrest, but he knew what the first officer knew, and that was enough. This was still collective knowledge. (There is a … Continue reading

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M.D.La.: Finding CP image hash values on a computer is PC for search

The finding of child pornography hash values on a computer is probable cause for further search of the computer. United States v. Sherlock, 2018 U.S. Dist. LEXIS 1321 (M.D. La. Jan. 4, 2018).* Playpen warrant sustained, and there was no … Continue reading

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