Daily Archives: March 5, 2018

The Champion: Breaking Blue: Challenging Police Officer Credibility at Motions to Suppress

Jennifer Sellitti, Breaking Blue: Challenging Police Officer Credibility at Motions to Suppress, 41 The Champion (No. 10) 16 (Dec. 2017):

Posted in Suppression hearings | Comments Off

FL5 following FL SCt: Davis GFE doesn’t apply to pre-Riley cell phone searches

On remand from the state supreme court, the Davis good faith exception does not apply in Florida to cell phone searches occurring before because there was no settled law, following Carpenter v. State, 228 So. 3d 535 (Fla. 2017). Burton … Continue reading

Posted in Cell phones, Good faith exception | Comments Off

OH4: PC shown by inference that def had drugs in hotel room; officers don’t have to see a drug transaction to have PC

An actual drug transaction doesn’t have to happen for officers to have probable cause defendant likely had drugs in his hotel room. The investigation here developed logical inferences that’s what defendant was doing, and there was a nexus between his … Continue reading

Posted in Probable cause | Comments Off

W.D.N.Y.: Officers’ one minute discussion about def deciding what to do wasn’t being undiligent in pursuing their investigation

The officer here had reasonable suspicion defendant was carrying drugs, and the fact that another officer arrived and they talked about defendant for one minute didn’t show that they weren’t diligently following up in their investigation. United States v. Green, … Continue reading

Posted in Drug or alcohol testing, Reasonable suspicion | Comments Off

GA: Def failed to show standing in apt he was arrested in in early morning hours

Being arrested in an apartment that’s not yours doesn’t confer standing without some proof of a relationship to the property. The evidence at the suppression hearing did not address defendant’s status relative to the apartment; i.e., whether he was the … Continue reading

Posted in Staleness, Standing | Comments Off

E.D.Ky.: Entry for protective sweep with gun drawn wasn’t per se a “forceful entry”; announcement unnecessary

The officer in this case did not have to knock-and-announce to make a protective sweep after defendant was arrested. The officer testified that he did. Entering with gun drawn doesn’t make it a “forceful entry.” United States v. Israel, 2018 … Continue reading

Posted in Knock and announce, Protective sweep | Comments Off

LA3: Once parolee found in possession of MJ, search of his hotel room was justified

Defendant was arrested for possession of marijuana so the search of his wallet was justified as a search incident. As a parolee, his hotel room was his “residence” for purposes of a parole search. State v. Warren, 2018 La. App. … Continue reading

Posted in Informant hearsay, Probation / Parole search | Comments Off

OH10: Def walking down street with a bullet magazine on belt wasn’t violating law and he could ignore officers

Defendant was walking down the street, and officers noticed he had a bullet magazine on his belt. They followed him to his residence, and he declined to talk to them and went inside. Their entry into his residence violated the … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, Reasonable suspicion | Comments Off