Category Archives: Probable cause

CA9: Going directly into pockets exceeded frisk power

Where the officer stood defendant up and turned him around, defendant was seized. Going directly into defendant’s pockets to search exceeded the power of a frisk. United States v. Brown, 2021 U.S. App. LEXIS 14015 (9th Cir. May 12, 2021). … Continue reading

Posted in Consent, Good faith exception, Probable cause, Stop and frisk | Comments Off on CA9: Going directly into pockets exceeded frisk power

CA9: In civil challenge to PC to arrest, PC determination at preliminary hearing usually binding

In a civil case over probable cause to arrest, the USMJ’s determination of probable cause at the preliminary hearing will not be revisited absent a showing of judicial deception. Martinez v. United States, 2021 U.S. App. LEXIS 13888 (9th Cir. … Continue reading

Posted in Arrest or entry on arrest, Probable cause | Comments Off on CA9: In civil challenge to PC to arrest, PC determination at preliminary hearing usually binding

N.D.Ind.: PC doesn’t require actual showing of a crime

There was probable cause to stop defendant’s truck: “Probable cause is ‘not a high bar.’ Kaley v. United States, 571 U.S. 320, 338, 134 S. Ct. 1090, 188 L. Ed. 2d 46 (2014). It ‘does not require an actual showing … Continue reading

Posted in Probable cause | Comments Off on N.D.Ind.: PC doesn’t require actual showing of a crime

N.D.Iowa: Ten day delay in getting SW for def’s car where he was in custody and investigation was ongoing was not unreasonable

There was probable cause for the search and seizure of defendant’s vehicle for evidence of a violent crime. The fact a plain view wasn’t possible at the moment of the stop doesn’t mean there wasn’t. The police department with the … Continue reading

Posted in Probable cause, Warrant execution | Comments Off on N.D.Iowa: Ten day delay in getting SW for def’s car where he was in custody and investigation was ongoing was not unreasonable

CA7: Possibility an interloper put drug residue in trash out for collection doesn’t negate PC or what it might prove

The fact it’s possible that someone else could have dropped drug residue in defendant’s trash container at the street doesn’t negate probable cause. [It also shows the lack of a reasonable expectation of privacy in trash containers at the street.] … Continue reading

Posted in Probable cause, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on CA7: Possibility an interloper put drug residue in trash out for collection doesn’t negate PC or what it might prove

MA: Where state CSLI rule was retroactive, obtaining def’s here was harmless error

Defendant’s CSLI was obtained in 2011 in violation of the state constitution [well before Carpenter and state cases]. It is retroactive in this state. But, all things considered, it was harmless byond a reasonable doubt. Commonwealth v. Gumkowski, 2021 Mass. … Continue reading

Posted in Cell site location information, Probable cause, Probation / Parole search, Rule 41(g) / Return of property | Comments Off on MA: Where state CSLI rule was retroactive, obtaining def’s here was harmless error

W.D.N.Y.: 4A ER does not apply to def’s claim records obtained from others were “unreliable”

Defendant’s argument that the records obtained by search warrant from other are unreliable is not a Fourth Amendment exclusionary rule question. United States v. Skinner, 2021 U.S. Dist. LEXIS 84377 (W.D. N.Y. May 3, 2021). A burnt blunt on the … Continue reading

Posted in Admissibility of evidence, Exclusionary rule, Probable cause, Rule 41(g) / Return of property | Comments Off on W.D.N.Y.: 4A ER does not apply to def’s claim records obtained from others were “unreliable”

FL1: Def’s setting up date via cell phone app where he sexually battered victim led to PC for SW for his cell phone

Defendant’s victim claimed to the police she was met through a phone app, sexually battered, and robbed. She identified defendant by his truck. “This information would have been enough to obtain a search warrant of Ferguson’s cell phones, even without … Continue reading

Posted in Cell phones, Ineffective assistance, Probable cause, Probation / Parole search, Reasonable suspicion, Rule 41(g) / Return of property | Comments Off on FL1: Def’s setting up date via cell phone app where he sexually battered victim led to PC for SW for his cell phone

CA5: Claim stated for excessive force for allowing dog to bite subdued arrestee

Plaintiff stated a claim for a dog bite after he was subdued, and there would be no qualified immunity. Hinson v. Martin, 2021 U.S. App. LEXIS 12775 (5th Cir. Apr. 29, 2021).* There was arguable probable cause for plaintiff’s arrest … Continue reading

Posted in Excessive force, Prison and jail searches, Probable cause, Strip search | Comments Off on CA5: Claim stated for excessive force for allowing dog to bite subdued arrestee

S.D.W.Va.: A tiny scrap of mj in a trash pull doesn’t support an inference of drug dealing from the house

“Detective Aldridge could not reasonably have believed that the three tiny scraps of marijuana in the trash—unable to cover even a corner of a Post-it note [actually a stem; photo included]—could support the idea of ongoing or recurrent activity in … Continue reading

Posted in Private search, Probable cause, Standards of review, Unreasonable application / § 2254(d) | Comments Off on S.D.W.Va.: A tiny scrap of mj in a trash pull doesn’t support an inference of drug dealing from the house

IL: 16 month delay in getting SW for cell phone in police custody unreasonable

Police waiting 16 months to get a search warrant for defendant’s cell phone already in their custody was unreasonable. People v. Meakens, 2021 IL App (2d) 180991, 2021 Ill. App. LEXIS 212 (Apr. 27, 2021). The trial court erred in … Continue reading

Posted in Cell phones, Probable cause, Reasonable suspicion | Comments Off on IL: 16 month delay in getting SW for cell phone in police custody unreasonable

S.D.N.Y.: Database information linking def to a car linked to a crime can be PC

Database information linking defendant to a car linked to a crime can be probable cause. United States v. White, 2021 U.S. Dist. LEXIS 80608 (S.D. N.Y. Apr. 27, 2021):

Posted in Probable cause | Comments Off on S.D.N.Y.: Database information linking def to a car linked to a crime can be PC

CA10: PC doesn’t need to be decided where GFE would apply; overbroad SWs are severed

Probable cause does not have to be decided where the good faith exception would apply. The warrant was for firearm evidence and had a cell phone search provision. If the cell phone provision was overbroad, that should be severed and … Continue reading

Posted in Good faith exception, Overbreadth, Overseizure, Probable cause | Comments Off on CA10: PC doesn’t need to be decided where GFE would apply; overbroad SWs are severed

MD: Anonymous DWI tip was specific and supported stop on a liquor store parking lot

“Considering the totality of the circumstances, the officers had reasonable suspicion to suspect that the defendant was engaged in drunk driving. The anonymous 911 call had sufficient indicia of reliability—the tipster alleging the drunk driving provided the make, model, and … Continue reading

Posted in Informant hearsay, Knock and talk, Probable cause | Comments Off on MD: Anonymous DWI tip was specific and supported stop on a liquor store parking lot

OH4: Criminal investigation’s SW production was admissible in child dependency proceeding

A search warrant produced drug evidence admissible in a dependency and neglect proceeding, and that supported the finding. In re J.M., 2021-Ohio-1415, 2021 Ohio App. LEXIS 1376 (4th Dist. Apr. 19, 2021). Defendant’s son “posted a video on the internet” … Continue reading

Posted in Admissibility of evidence, Consent, Exclusionary rule, Probable cause, Standing | Comments Off on OH4: Criminal investigation’s SW production was admissible in child dependency proceeding

D.N.J.: Protective sweep of hotel room of armored car robbery suspect was reasonable

“Here, the uncontested facts justify a protective sweep of the hotel room. Detective Holmes testified that at the time of Defendant’s arrest, there was still a suspect in the armored truck robbery at-large whose whereabouts were unknown. … As such, … Continue reading

Posted in Arrest or entry on arrest, Probable cause, Protective sweep | Comments Off on D.N.J.: Protective sweep of hotel room of armored car robbery suspect was reasonable

D.Neb.: CI report led to controlled buy and that was PC

A CI with a reliable track record reported defendant was selling ecstacy. That alone was likely at least reasonable suspicion, but then police used him to make a controlled buy, and that was probable cause for the stop. United States … Continue reading

Posted in Excessive force, Ineffective assistance, Probable cause | Comments Off on D.Neb.: CI report led to controlled buy and that was PC

S.D.W.Va.: Uncorroborated CI, criminal history, and inconclusive trash pull didn’t support SW for house; no GFE

“Pending before the court is Defendant’s motion to suppress 48 pounds of methamphetamine, $41,000 in cash, and all other evidence seized during a search of his residence by the Metropolitan Drug Enforcement Network Team (‘MDENT’). I find that neither the … Continue reading

Posted in Good faith exception, Informant hearsay, Probable cause | Comments Off on S.D.W.Va.: Uncorroborated CI, criminal history, and inconclusive trash pull didn’t support SW for house; no GFE

W.D.Ky.: Out past curfew during BLM protests was PC for stop

Officers seeing defendant driving during a BLM protest curfew in June 2020 in Louisville had probable cause for the stop. United States v. Shrivers, 2021 U.S. Dist. LEXIS 77047 (W.D. Ky. Apr. 21, 2021).* A CI with a reliable track … Continue reading

Posted in Ineffective assistance, Informant hearsay, Probable cause, Warrant execution | Comments Off on W.D.Ky.: Out past curfew during BLM protests was PC for stop

W.D.Mich.: 1983 suit over state detention without bond barred by Younger abstention

Plaintiff detainee’s 1983 case he was being held without bond in a state prosecution is barred by Younger absention. Snowden v. Schipper, 2021 U.S. Dist. LEXIS 76275 (W.D. Mich. Apr. 20, 2021). “Viewing the evidence in the light most favorable … Continue reading

Posted in Abstention, Excessive force, Probable cause | Comments Off on W.D.Mich.: 1983 suit over state detention without bond barred by Younger abstention