Category Archives: Collective knowledge

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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D.Minn.: Collective knowledge doctrine applies to RS under Rodriguez

The collective knowledge doctrine supports the extension of defendant’s stop beyond the normal part of a traffic stop incident to its purpose under Rodriguez. The DEA had additional information that added up to reasonable suspicion, almost probable cause. United States … Continue reading

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MA: Collective knowledge of nothing is still nothing, despite stopping officer’s good faith

Collective knowledge here was not reasonable suspicion. Defendant’s vehicle was reportedly involved in a shooting and stopped based on a radio report from Boston PD to another department. Defendant, however, had left the scene of the shooting ten minutes before … Continue reading

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OH5: Not unreasonable to deny passenger permission to retrieve purse before dog sniff of car

The smell of burning marijuana was probable cause for a car search. The officer’s refusal to let the passenger retrieve her purse from the car before the search did not violate the Fourth Amendment. State v. Eiler, 2016-Ohio-224, 2016 Ohio … Continue reading

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CO: Collective knowledge doctrine applies to plain view seizure of laptop computer

The fellow officer (collective knowledge) rule applies to plain view seizure of a laptop computer that was seen in plain view that the fellow officer had probable cause to believe contained child pornography. People v. Swietlicki, 2015 CO 67, 2015 … Continue reading

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TX4: Fact that PC was via collective knowledge but not all details how was not Franks violation

It was apparent that the person whose information ended up in the search warrant application was a citizen informant not subject to a more intense review for probable cause. The fact that the affiant didn’t personally talk to the informant … Continue reading

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CO declines to give greater state const’l rights to closed container

Defendant was stopped for fictitious tags, and he had a revoked DL and no insurance, too. An inventory of the vehicle was conducted, and a closed cooler was searched. Conceding the search valid under the Fourth Amendment, he argued that … Continue reading

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E.D.N.C.: Collective knowledge doctrine applies between FBI and state officers

“The collective knowledge doctrine, however, is not limited to cases where a superior officer commands another officer. Rather, the doctrine properly may be applied in cases where information is relayed between different law enforcement departments, even when the agency possessing … Continue reading

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DE: When collective knowledge is used, the first with PC or RS must be called at suppression hearing; hearsay not admissible

When the state relies on the collective knowledge doctrine, it is required to call the officers involved in both ends of it. Merely having the searching officer testify to hearsay as to what the first officer did is inadequate, even … Continue reading

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