Daily Archives: November 13, 2017

NM: Backpack on def when he was arrested was subject to inventory even though he was separated from it when searched

Defendant’s backpack was on him when arrested, and it was still subject to police inventory for all the policies of inventory. State v. Davis, 2017 N.M. LEXIS 86 (Nov. 9, 2017), revg, 2016-NMCA-073, 387 P.3d 274 (posted here):

Posted in Inventory, Search incident | Comments Off

KS: Stop-and-frisk was a factually justified “discretionary function” and the officer couldn’t be sued

With a due comparison to Det. Martin McFadden’s actions in observing John W. Terry and Richard D. Chilton in Terry v. Ohio, the officer on the totality was justified in inquiring of defendant what he was doing. Plaintiff wasn’t arrested, … Continue reading

Posted in § 1983 / Bivens, Qualified immunity | Comments Off

Reasonable suspicion sometimes is just a Rorschach test:

Defendant “argues LPD acted on that hunch when deciding the white Ford Explorer was involved in the February bank robbery, and there was no proof beyond a speculative hunch that the February suspect and the April suspect were the same … Continue reading

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CA11: Stop of man matching description of a robber in vicinity was reasonable

Officers received a report of a Friday night armed robbery of an Hispanic male by two black men wearing black. “The officer was aware that would-be robbers targeted this area because it contained a number of bars frequented on weekend … Continue reading

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RI: Cell phone SW aff omission of reference to 300 other text messages to and from others wasn’t material for Franks

Omission of the fact that there were 300 text messages from the affidavit for search warrant between defendant’s text to victim and acquiring the phone was not material for probable cause purposes. Omission of references to others wasn’t material: “Although … Continue reading

Posted in Franks doctrine | Comments Off