The officer\u2019s reference to \u201ccriminal history\u201d in a warrant affidavit doesn\u2019t necessarily mean convictions. Therefore, the court finds no Franks violation. Even striking that reference leaves probable cause. United States v. Woody, 2021 U.S. Dist. LEXIS 100605 (W.D. Mo. Apr. 21, 2021).<\/p>\n\n\n\n
When dispatch reported that the LPN on defendant\u2019s vehicle returned to a different vehicle, there was reasonable suspicion for a stop. The stop wasn\u2019t unreasonably extended for use of a drug dog. United States v. Shepard, 2021 U.S. Dist. LEXIS 100405 (E.D. N.C. May 27, 2021).*<\/p>\n\n\n\n
Defendant\u2019s stop was reasonable under the community caretaking function. In addition: \u201cLastly, Officer Miranda’s decision to intervene was not \u2018a mere subterfuge for investigation\u2019 of a crime, as he credibly testified that by the time he detained Wetmore, any concerns about a potential impaired driver had left his mind.\u201d United States v. Wetmore, 2021 U.S. Dist. LEXIS 100985 (D. N.H. May 28, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The officer\u2019s reference to \u201ccriminal history\u201d in a warrant affidavit doesn\u2019t necessarily mean convictions. Therefore, the court finds no Franks violation. Even striking that reference leaves probable cause. United States v. Woody, 2021 U.S. Dist. LEXIS 100605 (W.D. Mo. Apr. … Continue reading