Daily Archives: September 4, 2019

NC: Def’s arrest was without PC, but he abandoned his gun

“The trial court erred in denying Defendant’s motion to suppress the firearm based on its reasoning that officers had the probable cause necessary to arrest Defendant for resisting, delaying, or obstructing a public officer. The firearm, however, was not the … Continue reading

Posted in Abandonment, Reasonable suspicion | Comments Off on NC: Def’s arrest was without PC, but he abandoned his gun

VI: RS exists on smell of marijuana in a car even though locally small amounts of MJ was decriminalized

Despite decriminalization of small amounts of marijuana in VI, reasonable suspicion of possession of a small amount of marijuana is still contraband (an issue already settled here) that can justify a stop. Here, officers were watching a high crime area … Continue reading

Posted in Excessive force, Qualified immunity, Reasonable suspicion | Comments Off on VI: RS exists on smell of marijuana in a car even though locally small amounts of MJ was decriminalized

VA: Def’s ignoring shouts to show his hands and reaching to back seat justified pulling him out of the car and doing a sweep of the car

Defendant ignored 7-10 shouts to keep his hands up and get out of the car, and he reached down into the back seat. Officers opened the door and pulled him. Then he was seized, and it was reasonable to pull … Continue reading

Posted in Reasonable suspicion | Comments Off on VA: Def’s ignoring shouts to show his hands and reaching to back seat justified pulling him out of the car and doing a sweep of the car

DE: DNA warrant fails because affidavit for it does show how or why it could be found

“As previously noted, this Court must pay great deference to a magistrate’s determination of probable cause and must take a common-sense approach rather than a hyper-technical approach. Nonetheless, given the totality of the circumstances set forth in the Affidavit, including … Continue reading

Posted in DNA, Nexus, Probable cause, Reasonableness | Comments Off on DE: DNA warrant fails because affidavit for it does show how or why it could be found

CA8: Stop lacked RS, but the finding of a warrant on def was attenuation under Strieff and search incident was valid

Defendant was known to the officer and directed to stay away from a bus shelter. He was found there and the officer accosted him. The district court found reasonable suspicion to support the seizure of a firearm from his person. … Continue reading

Posted in Attenuation, Search incident, Suppression hearings | Comments Off on CA8: Stop lacked RS, but the finding of a warrant on def was attenuation under Strieff and search incident was valid

Lexology: Carpenter and Everything After: The Supreme Court Nudges the Fourth Amendment into the Information Age

Lexology: Carpenter and Everything After: The Supreme Court Nudges the Fourth Amendment into the Information Age by Christopher Fonzone, Kate Heinzelman, and Michael R. Roberts

Posted in Cell site location information | Comments Off on Lexology: Carpenter and Everything After: The Supreme Court Nudges the Fourth Amendment into the Information Age