Daily Archives: September 12, 2016

DE: Nervousness alone isn’t RS to extend a stop

Defendant’s motion to suppress is granted. About all the officer could show was that defendant was nervous, and that’s not reasonable suspicion to extend this stop. The questioning of defendant about his travel plans wasn’t any aid to the state … Continue reading

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OH5: Def’s wrecked empty car on road to house justified entry onto curtilage to check on potential injury

Defendant’s car was upside down and there was blood on the passenger air bag. Nobody was there. The officer went to the house where the car was registered to find the driver and passenger. “Present in this case was a … Continue reading

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N.D.W.Va.: CI’s tale about another’s safety is entitled to greater weight

Defendant argued that the officer’s use of “several firearms” cases in the affidavit for the search warrant was misleading under Franks. Since “several” means, essentially, more than one and not too many, and defendant’s priors aren’t yet firmly known, this … Continue reading

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N.D.Cal.: Def’s probation cell phone search was justified

Because of defendant’s arrest, his probation officers had a great interest in searching his cell phone as a probation search. His arrest showed that he likely wasn’t complying with the law. United States v. Harding, 2016 U.S. Dist. LEXIS 119276 … Continue reading

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Four on traffic stops

Defendant’s consent was voluntary although she had just driven 24 hours straight and she was not informed that she could refuse consent, given her age, education, and the short questioning period. The traffic stop of defendants was not improperly prolonged … Continue reading

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