Daily Archives: February 16, 2018

E.D.Pa.: Govt adequately showed nexus that drugs were in def’s house

The government adequately showed nexus to search defendant’s house because it showed probable cause to believe he was an active drug dealer that likely was keeping his stash at home. United States v. Rosario, 2018 U.S. Dist. LEXIS 23164 (E.D. … Continue reading

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GA: Where no violation of clear statute, no Heien reasonable mistake of law defense for state

Defendant did not violate the traffic statute that the officer stopped him for. Therefore, Heien’s reasonable mistake of law and good faith doesn’t apply. Moreover, there is no good faith exception in Georgia. Harris v. State, 2018 Ga. App. LEXIS … Continue reading

Posted in Reasonableness, Rule 41(g) / Return of property | Comments Off

CA11: Becoming defensive about some questioning during stop didn’t rise to RS

Being in a high crime area and then becoming defensive only when the officer asked defendant where his mother lived when it came up was not reasonable suspicion. Defendant’s frisk was unreasonable on the totality. Suppressing the gun found on … Continue reading

Posted in Reasonable suspicion, Standing | Comments Off

CA9: Federal civil suit seeking to revisit Guam Superior Court PC determination barred by abstention

A federal suit to have the Guam Superior Court revisit its probable cause determination in a criminal case is barred by Rooker-Feldman doctrine. Santos v. Superior Court of Guam, 2018 U.S. App. LEXIS 3433 (9th Cir. Feb. 14, 2018).

Posted in § 1983 / Bivens | Comments Off

IN: Hot pursuit into Kentucky did not violate state constitution

Defendant was more than reasonably suspected of committing a homicide in Indiana, and police got a line on him heading to Kentucky. A vehicle matching the description of his was seen on the nearest bridge to Kentucky shortly thereafter and … Continue reading

Posted in Hot pursuit, Reasonable suspicion, State constitution | Comments Off

MA: Two detectives joining into a traffic stop didn’t make it unreasonable or extend it

The stop was for a traffic offense, and two detectives stopped to participate. Their questions about smelling marijuana didn’t unreasonably extend the stop. Commonwealth v. Buckley, 2018 Mass. LEXIS 87 (Feb. 14, 2018):

Posted in Reasonable suspicion, Reasonableness | Comments Off

CA7: Controlled buy corroborated CI

“Although the factors [on CI reliability] go both ways, on balance they support the CI’s reliability. Most significantly, the deputies corroborated the CI’s story with their own investigation by conducting surveillance and executing a controlled buy.” United States v. Haynes, … Continue reading

Posted in Excessive force, Informant hearsay | Comments Off