Category Archives: Collective knowledge

C.D.Cal.: Under collective knowledge doctrine, the officer making the stop doesn’t need to know the PC

There was probable cause from collective knowledge for defendant’s stop and the search of his vehicle for a hidden compartment with drugs, even though the stopping officer didn’t know what it was. United States v. Isshpunani, 2017 U.S. Dist. LEXIS … Continue reading

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M.D.Ala.: A “Car-Mart” advertisement in place of the license plate was RS for a stop to inquire whether vehicle just purchased or not

“Thus, having viewed the ‘Car-Mart’ advertisement serving as Defendant’s license tag or plate, Cpl. Williams possessed reasonable suspicion to believe that Defendant was in violation of those laws” about getting a car licensed within 20 days of purchase, so the … Continue reading

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CA4: Even if consent invalid, PC for SW came from independent sources

“[T]he district court did not err in denying Hernandez’s motion to suppress the evidence obtained from the Samsung T199 phone because the search pursuant to the warrant was ‘genuinely independent’ of the initial search. Murray, 487 U.S. at 542.” United … Continue reading

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CA10: Collective knowledge applies between state officers in different states

Kansas officers asked Nebraska officers to stop defendant, and the probable cause of the Kansas officers is imputed to Nebraska officers under the collective knowledge doctrine. United States v. Pickel, 2017 U.S. App. LEXIS 12858 (10th Cir. July 18, 2017). … Continue reading

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CA5: Collective knowledge from narcs applies to justification for traffic stop

The totality of the circumstances did not dictate a finding that a turn-signal violation was too stale to justify stopping defendant’s vehicle. A lack of personalized suspicion on the part of the officer who stopped defendant’s vehicle was immaterial because … Continue reading

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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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