Daily Archives: April 7, 2017

KY: Arrest outside away from door did not justify protective sweep inside

A protective sweep wasn’t justified because the arrest was outside the apartment building away from view. Exigency also didn’t exist because there was no justification for thinking that there might be an injured person inside. Pace v. Commonwealth, 2017 Ky. … Continue reading

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Cal.1: Telling def to keep hands out of pockets and move to sidewalk was not a seizure

Defendant was not detained when officers asked him to keep his hands out of his pockets and to step onto the sidewalk. The encounter did not become a detention until the officers used force to grab defendant’s arm and told … Continue reading

Posted in Ineffective assistance, Reasonable suspicion, Staleness | Comments Off

D.R.I.: Running a criminal background check during a traffic stop is reasonably part of the stop; RS not required

Defendant’s car was stopped because the passenger didn’t have his seatbelt on. A criminal background check was run, and it was part of the stop and did not require separate justification. That was enough to order defendant out of the … Continue reading

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CA11: No nexus shown for cell phone SW, but def was on probation, so inevitable discovery applies

Cell phone search warrant failed to show nexus between the phone and the alleged crime. In considering remedy, the court decides not to apply the good faith exception and instead goes with inevitable discovery. Defendant was on probation and there … Continue reading

Posted in Cell phones, Inevitable discovery, Nexus | Comments Off