Daily Archives: February 11, 2019

CA5: Tapping a vehicle tire was a trespass but with RS and was reasonable on the totality

The tapping of a suspicious looking tire on a truck was a trespass under Jones and other cases, but the court finds it was with reasonable suspicion and reasonable on the totality. The tapping of the tire revealed that it … Continue reading

Posted in Reasonable expectation of privacy, Search, Trespass | Comments Off on CA5: Tapping a vehicle tire was a trespass but with RS and was reasonable on the totality

N.D.Cal.: No RS for stop for alleged street deals based on CI

The officers’ claimed reasonable suspicion of street drug deals in San Francisco’s Tenderloin District just doesn’t add up to it on the totality of circumstances. The CI wasn’t adequately corroborated. The stop and frisk fails. United States v. Castaneda, 2019 … Continue reading

Posted in Informant hearsay, Reasonable suspicion | Comments Off on N.D.Cal.: No RS for stop for alleged street deals based on CI

CA8: Lesser intrusive measures to inventory not constitutionally required

The inventory was appropriately conducted within the policy of the department. Defendant had no constitutional right to have somebody come to pick up the car before inventory. The police could do that if convenient, but they weren’t required to do … Continue reading

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CA11: § 1983 malicious prosecution claim defeated by PC even though exonerating information omitted from arrest affidavit

Plaintiff police officers’ false arrest claim fails on qualified immunity. Even though allegedly exonerating information was omitted from the arrest affidavits, and the criminal case was dropped by the state’s attorney, it wasn’t enough to undermine the probable cause that … Continue reading

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KS: Inadequate findings and conclusions must be brought to trial court’s attention before appeal

Defendant should have objected to the adequacy of findings of fact and conclusions of law on his search issue in the trial court first. “Without such an objection, this court must presume the district court found all the facts needed … Continue reading

Posted in Dog sniff, Standards of review | Comments Off on KS: Inadequate findings and conclusions must be brought to trial court’s attention before appeal