Daily Archives: April 20, 2017

D.Nev.: Def’s unsupported allegation judge didn’t sign SW overcome by officer’s testimony

Defendant’s unsupported testimony that the search warrant does not appear to have a judge’s original signature on it fails in the face of testimony from the officer that he saw the judge sign it. The fact it took 120 days … Continue reading

Posted in Warrant requirement | Comments Off

CA2: Open container violation supports SI

Open container violation in NYC supported a search incident to an arrest. The officer was first going to issue a summons but did a patdown and arrested when the gun was found. United States v. Diaz, 2017 U.S. App. LEXIS … Continue reading

Posted in Search incident | Comments Off

CA2: Def’s attempted flight from a stop added to the RS

Officers were on a drug stakeout and saw the defendant watching the street, although there were no cars. He went in a building and came out with a plastic bag with a brick shaped object in the bottom. Officers tried … Continue reading

Posted in Cell phones, Reasonable suspicion | Comments Off

OH8: Being legally parked in a “high gang area” is not reasonable suspicion

Being legally parked in a “high gang area” is not reasonable suspicion. State v. Jackson, 2017-Ohio-1369, 2017 Ohio App. LEXIS 1420 (8th Dist. April 13, 2017). Fake drugs were substituted for the real thing in a delivery to a house … Continue reading

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D.P.R.: Just being a driver of vehicle doesn’t give standing; two traffic tickets in past in vehicle not enough

Defendant at the suppression hearing showed no possessory interest in the vehicle he claimed not to own at the time of the stop and search. Two traffic tickets in the past driving the same vehicle wasn’t enough. United States v. … Continue reading

Posted in Probation / Parole search, Standing | Comments Off