Daily Archives: June 18, 2017

D.Haw.: Possible new evidence on search issue for motion for new trial doesn’t change outcome

Defendant’s motion for new trial based on possible new evidence for litigating the search and seizure claim under F.R.Crim.P. 33 is denied because it doesn’t change the outcome. United States v. Kapahu, 2017 U.S. Dist. LEXIS 88922 (D. Haw. June … Continue reading

Posted in Motion to suppress, Reasonable suspicion | Comments Off

OR: There is no state constitutional requirement the state get a telephonic warrant to avoid exigency

The state showed adequate evidence that it would take 4-5 hours to obtain a search warrant in this case, and that was enough to show exigency here. The defense put on proof that the state could have obtained a telephonic … Continue reading

Posted in Reasonable suspicion, Warrant requirement | Comments Off

OH8: Checking under the hood during an inventory search is reasonable

Checking under the hood during an inventory search is reasonable. State v. Lewis, 2017-Ohio-4300, 2017 Ohio App. LEXIS 2352 (8th Dist. June 15, 2017). The totality and detail of information from the CI provided the police reasonable suspicion to stop … Continue reading

Posted in Inventory, Reasonable suspicion | Comments Off

AK: Driver’s running from a traffic stop alone didn’t create RS to frisk or search passengers

The driver of the pickup defendant was riding in was stopped for a seatbelt violation, and the driver fled on foot. The Alaska State Trooper gave chase but couldn’t keep up. He came back to the vehicle where the two … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off

OR: Knowledge of the scope of consent needs to be unambiguous

Failure to object to a search is not consent unless it is unambiguously granted. On this record, it’s not clear defendant even knew that a search of a knotted grocery bag within a backpack would happen, so the case is … Continue reading

Posted in Consent, Reasonable suspicion | Comments Off