Category Archives: Probable cause

CA3: Driveway was not curtilage

Defendant’s driveway was not curtilage, so his stop and ultimate search of the car was not in violation of the Fourth Amendment. United States v. Moses, 2025 U.S. App. LEXIS 16484 (3d Cir. July 3, 2025). De minimis force, even … Continue reading

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CA1: Video of SW execution sufficiently authenticated for trial

The video of execution of the search warrant was sufficiently authenticated to be admissible at trial despite coming in through a witness other than the one who took it. United States v. Reyes-Rosario, 2025 U.S. App. LEXIS 16316 (1st Cir. … Continue reading

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KS: Arrest and search were in KCMO, trial in KCKS; 4A applies no matter what; no state law issues

Conflict of laws: Defendant’s arrest and search was in Kansas City, Missouri, but his offense was tried in Kansas City, Kansas. State law on this doesn’t matter. Applying the Fourth Amendment, it was all legal. State v. Green, 2025 Kan. … Continue reading

Posted in Conflict of laws, Good faith exception, Prison and jail searches, Probable cause, Strip search | Comments Off on KS: Arrest and search were in KCMO, trial in KCKS; 4A applies no matter what; no state law issues

S.D.N.Y.: Search incident not invalid even though officer would have just issued citation for possession of MJ

Defendant was parked at an intersection in the Bronx and was consuming marijuana in the car on the street, a state offense. The officer had the authority to conduct a search of the car even though he was likely only … Continue reading

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TX4: State can’t rely on community caretaking function where it didn’t make a record below

The state couldn’t rely on the community caretaking function exception on appeal where it didn’t develop the record for it below. State v. Young, 2025 Tex. App. LEXIS 4196 (Tex. App. – San Antonio June 18, 2025). Defendant can’t make … Continue reading

Posted in Arrest or entry on arrest, Burden of proof, Community caretaking function, Probable cause, Waiver, Warrant papers | Comments Off on TX4: State can’t rely on community caretaking function where it didn’t make a record below

CA10: Ptf has burden on “clearly established law” and failed

The plaintiff in a § 1983 case has the burden on clearly established law, and here the showing completely failed. “Anemic.” Bailey v. Beale, 2025 U.S. App. LEXIS 14449 (10th Cir. June 12, 2025).* “[T]he individual officers did not violate … Continue reading

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CA11: “[T]he presence of contradictory evidence does not bar a finding of probable cause”; It must refute it

“[T]he presence of contradictory evidence does not bar a finding of probable cause.” It must refute it. Scott v. City of Miami, 2025 U.S. App. LEXIS 14381 (11th Cir. June 11, 2025):

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OR: State didn’t develop alternative search theory just by mentioning it

The state didn’t sufficiently develop search incident as an alternative theory to sustain the search merely by mentioning it. State v. Ribota, 341 Or. App. 32 (June 4, 2025). There is a fact question for trial for excessive force, and … Continue reading

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D.Md.: Delaying three years to indict after seizure compromised defense enough that speedy trial was violated

Defendant’s backpack was searched in 2017, but he wasn’t indicted until 2020, and his case lingered. The officer’s testimony about the search is hazy and inconclusive enough that the court finds cause to dismiss for a speedy trial violation. The … Continue reading

Posted in Arrest or entry on arrest, Excessive force, Probable cause, Reasonable expectation of privacy, Warrant execution | Comments Off on D.Md.: Delaying three years to indict after seizure compromised defense enough that speedy trial was violated

S.D.Ohio: Casting state court’s failure to follow 4A precedent more closely as a due process violation still Stone barred

2254 petitioner’s due process claim that the state court denied due process by not following precedent was barred by Stone. Allen v. Warden, SE. Corr. Inst., 2025 U.S. Dist. LEXIS 104131 (S.D. Ohio June 2, 2025). Defense counsel wasn’t ineffective … Continue reading

Posted in Ineffective assistance, Issue preclusion, Plain view, feel, smell, Private search, Probable cause | Comments Off on S.D.Ohio: Casting state court’s failure to follow 4A precedent more closely as a due process violation still Stone barred

N.D.Ohio: Visitor getting high and passing out on couch doesn’t give standing to challenge search of premises

Defendant got high and fell asleep on the couch, and he was there when the raid occurred. He didn’t have standing. United States v. Taylor, 2025 U.S. Dist. LEXIS 103820 (N.D. Ohio June 2, 2025). The government’s motion to reconsider … Continue reading

Posted in Inventory, Private search, Probable cause, Standing | Comments Off on N.D.Ohio: Visitor getting high and passing out on couch doesn’t give standing to challenge search of premises

E.D.Va.: Lack of a recording for SW application in violation of state law didn’t violate 4A

There was no recording of the showing of probable cause for this state warrant that became a part of a federal prosecution. The lack of a recording isn’t fatal to the showing of probable cause found by the issuing magistrate … Continue reading

Posted in Informant hearsay, Neutral and detached magistrate, Plain view, feel, smell, Probable cause, Probation / Parole search | Comments Off on E.D.Va.: Lack of a recording for SW application in violation of state law didn’t violate 4A

CA6: Two officers with separate PC can use one warrant

When two officers have separate probable cause to search, they don’t need separate search warrants, as long as the description covers their purpose. At least qualified immunity applies here. Fitzpatrick v. Hanney, 2025 U.S. App. LEXIS 13214 (6th Cir. May … Continue reading

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E.D.Mich.: PC showing was thin, but good enough for the GFE

The probable cause showing was thin, but it was enough, and the good faith exception applies in any event. United States v. Mills, 2025 U.S. Dist. LEXIS 102174 (E.D. Mich. May 29, 2025)*:

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TX5: No standing in a house where def under a no contact order to stay out

Defendant had no standing to contest the search of a house he was under a no contact order to stay away from. Yet, he was found there. Coggins v. State, 2025 Tex. App. LEXIS 3587 (Tex. App. – Dallas May … Continue reading

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MT: No RS for continued stop, but def consented to it

The officer’s observation of “a driver’s nervousness, an unspecified prior history of drug use, and the officer’s assertion that the driver failed to pull over quickly enough do not alone combine to show particularized suspicion of illegal drug activity.” Nevertheless, … Continue reading

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M.D.Fla.: Incomplete PC showing here was essentially knowing, so motion to suppress granted

The police here presented incomplete probable cause here that a phone call could have corrected. Since the officer knew it (and that probable cause might be lacking) and said he was charging defendant anyway, the motion to suppress the automobile … Continue reading

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S.D.Ind.: No REP in ALPR tracking; not as intrusive as GPS

Tracking defendant’s vehicle with automatic license plate readers can’t be equated with GPS placement, so Jones distinguished. There’s no reasonable expectation of privacy in an LPN. There is also interesting Franks and staleness issues. Defendant got a Franks hearing but … Continue reading

Posted in Automatic license plate readers, Franks doctrine, GPS / Tracking Data, Probable cause | Comments Off on S.D.Ind.: No REP in ALPR tracking; not as intrusive as GPS

GA: GPS data in a child porn image on def’s phone was PC to search his house

GPS data in a child porn image on defendant’s phone was probable cause to search his house. Bibbs v. State, 2025 Ga. App. LEXIS 186 (May 13, 2025). Briefly crossing the centerline is not an offense unless it appears unsafe. … Continue reading

Posted in Cell phones, GPS / Tracking Data, Ineffective assistance, Probable cause | Comments Off on GA: GPS data in a child porn image on def’s phone was PC to search his house

E.D.Wis.: The court just doesn’t buy that the officer smelled raw marijuana, justifying a search

“This is not to say that Officer Rukamp was lying. The issue before the court is not whether the defense has proved that the officer lied; the issue is whether the government has met its burden of proof. In granting … Continue reading

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