Daily Archives: June 25, 2017

M.D.Pa.: Def kept talking about her husband’s drug activities after ticket issued; that was a consensual extension of the stop

An unlit license plate light was enough for a stop. “Because Defendant had already been issued a traffic citation and then proceeded to initiate further conversation with Officer Monte about her husband’s drug-related activities, the court finds that, under the … Continue reading

Posted in Consent, Standards of review | Comments Off

D.C.Cir.: Omission of robbery victim’s failure to ID def didn’t cut either way in Franks analysis; PC still existed

Omission of a non-identification of defendant as a robber was not material for Franks. “Even viewing the omitted non-identification as a material omission, probable cause for the search did not rise or fall on the identification of Dorman as the … Continue reading

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KS: CI’s tip insufficient; motion to suppress should have been granted

The alleged reasonable suspicion for extending defendant’s traffic stop was the CI’s information which is found insufficient. The state’s alternative basis of defendant’s alleged “jumpiness” was never presented to the trial court. There are no findings on that, it is … Continue reading

Posted in Informant hearsay, Reasonable suspicion | Comments Off

LA2: Reasonable possibility respondent was father was enough to order DNA test in face of 4A objection

Respondent was the subject of a petition to establish paternity, and he claimed that the statute to order DNA testing required the Fourth Amendment be complied with. “Here, Rogers argues that in order to prove a reasonable possibility of paternity, … Continue reading

Posted in Consent, DNA, Probable cause | Comments Off

IA: Unnecessary to seek out somebody else not at scene to retrieve car when driver and only passenger arrested

The state showed the impoundment policy was standardized and complied with. It wasn’t necessary at the time to seek out somebody else to retrieve the car from the roadside when both the driver and passenger were arrested. State v. Tronca, … Continue reading

Posted in Inventory | Comments Off