Daily Archives: June 17, 2017

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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OH11: Running away is withdrawal of consent to search, but reasonable suspicion for a patdown

Defendant was stopped and consented to a search of his person. When that started, he was moving like he was trying to hide something, then he ran away. Considering the location was a high crime area, there was at least … Continue reading

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W.D.Mo.: Observed drug deals with CI showed reliability and lack of staleness of information

A state court judge issued a tracking warrant for defendant’s car based on a heavily corroborated CI who did drug deals with the defendant while LEOs watched. This “shows that the confidential information was reliable and that the information was … Continue reading

Posted in Informant hearsay, Probable cause, Staleness | Comments Off

MA: Use of some additional force in arresting def was not “disproportionate” based on what police knew about firearms in car and risk of violence

The use of some additional force in arresting defendant was not “disproportionate” based on information defendant was armed and that his girlfriend, traveling with him, could use violence to “upset” his arrest. Commonwealth v. Widener, 2017 Mass. App. LEXIS 85 … Continue reading

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MA: Arrest at door alone didn’t justify protective sweep

Half a dozen officers showed up at defendant’s house with an arrest warrant. He met them at the door, and he was handcuffed and arrested and said “Let’s go.” He was asked whether others were in the house, and he … Continue reading

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