Daily Archives: July 11, 2017

CA5: Ptf doesn’t show that city’s alleged failure to use SWAT teams “threat matrix” properly led to any constitutional violation

Plaintiff failed to show a pattern of unconstitutional actions or that the SWAT teams’ use of a “threat matrix” to determine when they would be called out was unconstitutional. Plaintiff doesn’t show that the failure to implement that matrix properly … Continue reading

Posted in § 1983 / Bivens, Excessive force, Warrant execution | Comments Off

Cal.1: Inventory of duffle bag at booking was reasonable

Defendant refused to leave a 24 hour restaurant after being asked several times, and the police were called. Finally, defendant was arrested and taken into custody. His duffle bag was inventoried at the police station and a .38 revolver and … Continue reading

Posted in Inventory | Comments Off

D.P.R.: No justification shown for search of def’s vehicle during a traffic stop

Defendant was ordered out of his vehicle during a traffic stop, but there were no grounds to search it, starting with a cigarette pack. Motion to suppress granted. United States v. Ramos-Rios, 2017 U.S. Dist. LEXIS 102516 (D. P.R. June … Continue reading

Posted in Apparent authority, Consent, Probable cause | Comments Off

OR: Def being under influence of drugs isn’t per se RS he’s in possession

Defendant was likely under the influence, but the officer lacked reasonable suspicion that he was in possession of drugs for the detention. State v. Davis, 286 Ore. App. 528, 2017 Ore. App. LEXIS 861 (July 6, 2017):

Posted in Reasonable suspicion | Comments Off

CT: When two grounds are found to support the search, def on appeal has to challenge both

Defendant’s claim that the officers did not follow administrative regulations on conducting his parole search was moot where the trial court also found defendant consented to the search and he didn’t challenge consent. State v. Holley, 2017 Conn. App. LEXIS … Continue reading

Posted in Informant hearsay, Standards of review | Comments Off

N.D.Ga.: PC for search of def’s car didn’t dissipate just because another person came into the case

Defendant’s [creative] argument that the probable cause for search of defendant’s car dissipated when another person came into the equation is rejected. In fact, it appears contemplated. United States v. Henley, 2017 U.S. Dist. LEXIS 105138 (N.D. Ga. May 19, … Continue reading

Posted in Pretext, Probable cause | Comments Off

D.Vt.: Officers had RS when they told def to roll his window down

“Because they had a reasonable suspicion of criminal activity, the BPD officers were entitled to exert a minimal restraint on Defendant’s freedom of movement by directing him to roll down his vehicle’s windows in order to investigate further.” “In the … Continue reading

Posted in Reasonable suspicion | Comments Off

E.D.Mo.: Def’s lawyer was present and advised on consent, and it was voluntary

Defendant’s lawyer was present at the time consent was granted and advised defendant to do so. The consent is valid. United States v. Beckman, 2017 U.S. Dist. LEXIS 101142 (E.D. Mo. June 1, 2017), adopted, 2017 U.S. Dist. LEXIS 99954 … Continue reading

Posted in Consent | Comments Off

D.Vt.: Payton doesn’t require an arrest warrant come with a SW

Payton does not require that an arrest warrant also be obtained to arrest a suspect during the execution of a search warrant on his premises. Defendant was lawfully arrested in the house when the search warrant was executed. United States … Continue reading

Posted in Arrest or entry on arrest, Standing | Comments Off