E.D.Tex.: Officer who knew def’s LPN was expired didn’t have to look again before calling it in the next time he saw the car

The officer knew a week earlier that defendant’s LPN was expired. He saw defendant and called it in without looking, and it came back expired. That was still probable cause and justification for a stop, and looking again wasn’t required. Defendant fled from the stop on foot and discarded stuff. It could be seized. United States v. Baker, 2019 U.S. Dist. LEXIS 214240 (E.D. Tex. Nov. 26, 2019).*

Defendant looked enough like the person running away from the scene of the crime for there to be probable cause. Running away from gunshots is also innocent behavior but “he had a tattoo on his face near his eye, eyebrow slits, wore dark clothing, and matched the described race and gender” which [apparently] was on the video. There also was no Franks violation: “Even if these [omitted] facts had been brought to the attention of the magistrate judge, there remains ample probable cause to support the challenged warrants, as discussed above.” United States v. Powell, 2019 U.S. Dist. LEXIS 214465 (S.D. N.Y. Dec. 12, 2019).*

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