Daily Archives: August 2, 2018

CA4: Def who pled standing gets benefit of Byrd for standing in his rental car but loses on RS

Defendant preserved his Byrd argument that he had standing in the rental car, and he gets the benefit of it. On the merits, the officer had reasonable suspicion: Swisher Sweets cigars, sandwich bags without associated stuff, and just sprayed with … Continue reading

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CA3: Expired rental agreement justified extending the stop

Defendant’s rental agreement had expired, and calling the rental company prolonged the stop. Whether the dog alerted or not wasn’t obvious on the dashcam video, but the district court found that it did, and that’s a found fact, and it’s … Continue reading

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CA2: Def called 911 about a prowler; when police arrived he at least implicitly if not explicitly consented to police and dog entry

Defendant called 911 about a prowler possibly inside, and he consented at least implicitly if not explicitly to entry of the responding officer and his dog which then alerted to drugs. The entry was reasonable and consensual. United States v. … Continue reading

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CA11: Ptf’s claim officers falsified seizure of crack was speculative; MSJ properly granted

Plaintiff was the subject of a search for drugs, and officers at first found only marijuana. In defendant’s kitchen, in a coffee maker, officers found what they believed was a rock of crack cocaine. It was submitted to the crime … Continue reading

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