Daily Archives: June 24, 2017

MT: Admission at a game checkpoint wasn’t “in custody”

Defendant was stopped at a game checkpoint and admitted to placing his daughter’s tag on a deer he shot. He was not “in custody” when he confessed. State v. Maile, 2017 MT 154, 2017 Mont. LEXIS 350 (June 23, 2017). … Continue reading

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S.D.Ill.: Officer’s intentional delay in ticketing process made stop violate Rodriguez

Officer’s intentionally delaying the ticket writing process until the drug dog was on its way was intentional delay without reasonable suspicion under Rodriguez. United States v. Rodriguez-Escalera, 2017 U.S. Dist. LEXIS 95848 (S.D. Ill. June 21, 2017):

Posted in Dog sniff, Reasonable suspicion | Comments Off

IA: Consent valid based on testimony despite bodycam not picking up voices

The bodycam didn’t pick up the officer’s voice, which is “troubling,” but the trial court credited the officers’ testimony defendant consented, and that’s enough to have to affirm on consent. State v. Klinger, 2017 Iowa App. LEXIS 633 (June 21, … Continue reading

Posted in Body cameras, Burden of proof | Comments Off

D.P.R.: Officer found not believable on facts allegedly leading to RS

The court finds the officer not credible that the defendant picked up a gun and put in his pocket and there was thus no reasonable suspicion for his detention. United States v. Cruz-Montañez, 2017 U.S. Dist. LEXIS 96079 (D. P.R. … Continue reading

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D.Md.: Off-duty police officer’s in-person tip of possible DWI was RS

Off-duty police officer’s in person tip of possible drunk driver was reasonable suspicion for stop. United States v. Hernández-Ayala, 2017 U.S. Dist. LEXIS 95387 (D. Md. June 21, 2017). “[T]his Court also finds under the totality of the circumstances that … Continue reading

Posted in Probable cause, Reasonable suspicion | Comments Off