Category Archives: Probable cause

PR: SW may be for more than one place on a proper showing, except this one clearly lacked PC

The search warrant here was for three separate locations which is not per se unreasonable. However, the probable cause showing was lacking because it was based on mere suspicion that a firearm was in one of three possible places. The … Continue reading

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IL: Smell of burnt MJ in a car in a recreational use state not PC

“We hold that the smell of the burnt cannabis, without any corroborating factors, is not enough to establish probable cause to search the vehicle, and the court did not err in granting the motion to suppress. This finding comports with … Continue reading

Posted in Arrest or entry on arrest, Franks doctrine, Hot pursuit, Particularity, Plain view, feel, smell, Probable cause | Comments Off on IL: Smell of burnt MJ in a car in a recreational use state not PC

D.Ariz.: Following for 30 miles not a seizure

Following defendant for 30 miles is not a seizure. Finally, there was a consensual encounter. The R&R found it not; the USDJ disagrees. United States v. Ramos, 2022 U.S. Dist. LEXIS 166913 (D. Ariz. Sep. 14, 2022).* 2½ months isn’t … Continue reading

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D.C.Cir.: Question of fact remains on whether PC dissipated before second handcuffing

“We reverse the district court’s grant of summary judgment on the false arrest claims for two reasons. First, there is a genuine dispute of material fact as to whether probable cause for the simple assault charge dissipated before Lin was … Continue reading

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S.D.N.Y.: Warrantless seizure of a vehicle to pay fines violates 4A and 14A

The warrantless seizure of a vehicle because of owed fines violates the Fourth and Fourteenth Amendments. Santander Consumer USA, Inc. v. City of Yonkers, 2022 U.S. Dist. LEXIS 164416 (S.D.N.Y. Sep. 12, 2022). Pretrial detainees also have no reasonable expectation … Continue reading

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CT: Action to quash SW before criminal case became moot when charge filed

The petitioner sought to quash search warrants when there was no criminal case. After the criminal cases were finally filed, this action was moot because the claim could be brought within the criminal cases. In re Police Case Nos.: Meriden … Continue reading

Posted in Motion to suppress, Probable cause, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on CT: Action to quash SW before criminal case became moot when charge filed

DC: Tracking def off his WMATA fair card was like Knotts and reasonable

Police use of information off of defendant’s WMATA fare card first to find him to arrest him for a robbery on a train and then to place him on a train at the time of the robbery was reasonable. This … Continue reading

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NE: Changing the 4A argument between hearing and appeal is waiver

Defendant’s Fourth Amendment ineffective assistance of counsel claim is presented on appeal differently than at the hearing level, and that’s waiver. State v. Lessley, 312 Neb. 316 (2022). The affidavit for search warrant was issued with probable cause under the … Continue reading

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E.D.Tenn.: Walmart Pay records do not require SW

A search warrant isn’t needed for investigators to access information from Walmart Pay. Carpenter doesn’t apply. United States v. Whipple, 2022 U.S. Dist. LEXIS 153126 (E.D. Tenn. Aug. 25, 2022). A claim that the officer presented false information to get … Continue reading

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N.D.Ohio: PC showing raises the inference a cell phone was involved in crime for SW

“The affidavit also attempts to establish the link between the use of cell phones and the drug trafficking under investigation. Metzger’s warning to McFaul on social media, which presumably was accomplished through the use of an electronic device like a … Continue reading

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N.D.Ohio: University exam proctor’s requirement of room scan before video test violates REP under 4A

The proctor of this university examination on video required a room scan to prove the student was alone. The room scan violated plaintiff’s reasonable expectation of privacy. CSU’s reliance on Wyman v. James is rejected. That case is 51 years … Continue reading

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E.D.Va.: Drug paraphernalia was in plain view before flashlight put through window

Drug paraphernalia seen from outside the vehicle before sticking a flashlight in the window was a valid plain view. United States v. Johnson, 2022 U.S. Dist. LEXIS 149401 (E.D. Va. Aug. 19, 2022).* There was probable cause for plaintiff’s prosecution, … Continue reading

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W.D.Pa.: A request to show hands requires RS

The facts not being in dispute, no hearing was required on defendant’s motion to suppress. A request to show hands required reasonable suspicion. United States v. Chambers, 2022 U.S. Dist. LEXIS 148692 (W.D. Pa. Aug. 19, 2022). Defendant alluded to … Continue reading

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MS: SW for Arkansas car’s GPS was used to put it at scene of crime

Defendant’s car was registered in Arkansas and was believed to be in a shootout in Mississippi. The car was found in Arkansas. Defendant was arrested on a Mississippi warrant and a search warrant was issued for the car’s GPS to … Continue reading

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W.D.N.Y.: 4A doesn’t protect a jail cell shakedown search; procedural due process does not apply

Defendant’s jail cell was subjected to a shakedown search, and it was reasonable. His claim of procedural due process safeguards come from civil cases and don’t apply. United States v. Arrington, 2022 U.S. Dist. LEXIS 142770 (W.D.N.Y. Aug. 10, 2022). … Continue reading

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CA4: Avoid “divide-and-conquer” reasoning on RS and PC

The record doesn’t definitively support the district court’s conclusion that the government proved forfeitability of the cash. The record was enough in dispute that there needed to be a trial on the merits. United States v. McClellan, 2022 U.S. App. … Continue reading

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PA: Failure to argue new case law where it came out 3-1/2 months before suppression hearing was waiver

Defendant doesn’t get the application of a case to his decided 3½ months before his suppression hearing where he didn’t argue it. Commonwealth v. Brown, 2022 PA Super 138 (Aug. 10, 2022). CSLI lawfully obtained before Carpenter saved by the … Continue reading

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D.Neb.: Towing a trailer to police station to execute a SW on it was reasonable

Police had probable cause that a sexual assault occurred in defendant’s trailer, so they seized it to get a search warrant. Before executing the warrant, they had it towed to a police station. Defendant was in jail and had no … Continue reading

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CA5: Probable cause defeats a malicious prosecution claim

Probable cause defeats a malicious prosecution claim. Payton v. Town of Maringouin, 2022 U.S. App. LEXIS 21506 (5th Cir. Aug. 3, 2022):

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CA8: Protective sweep of vehicle on RS reasonable even if def standing outside

When there is reasonable suspicion a driver is armed, a protective sweep of his vehicle is permitted even though he’s outside of it. United States v. Dabney, 2022 U.S. App. LEXIS 21400 (8th Cir. Aug. 3, 2022). Family member was … Continue reading

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