Category Archives: Probable cause

S.D.Tex.: BOLO that matched defendant’s car was RS for stop

A BOLO that matched defendant’s car was reasonable suspicion for a stop. United States v. Yanez, 2022 U.S. Dist. LEXIS 6376 (S.D.Tex. Jan. 12, 2022). Cell phone communication and text messages about drug deals with the defendant gave probable cause … Continue reading

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D.Conn.: Arrest warrant permitted entry into def’s house to attempt to locate him

Defendant was on the lam, and officers, armed with an arrest warrant, entered his house thinking he’d returned there. He wasn’t but observations were made that led to a search warrant for the house. Motion to suppress denied. The arrest … Continue reading

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CA2: Def’s possession of multiple cell phones and drugs packaged for street sale created inference more in hotel room

The search of defendant’s person produced multiple cell phones and drugs packaged for street-level sale. There was a fair probability there would be more in his hotel room since drug dealers usually have a base of operations. United States v. … Continue reading

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N.D.Cal.: PC in the affidavit was lacking, even with its detail; no GFE either

The affidavit for the search warrant for defendant’s place lacked probable cause. “As the affidavit did not establish probable cause as to forgery or possession of stolen property, and the government conceded there was not probable cause to support the … Continue reading

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MA: Late disclosure of product of search wasn’t exculpatory so no prejudice

Defendant sought in discovery the call log from the search of his cell phone. The state didn’t provide it timely. It was not exculpatory in trial counsel’s view because it contradicted the defense witnesses and whatever defense they had for … Continue reading

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NY1: Where seized evidence wasn’t used at trial, it’s moot

Defendant’s Fourth Amendment argument on appeal is moot. The evidence he complains was wrongly seized wasn’t used at trial. People v. Gordon, 2022 NY Slip Op 00055, 2022 N.Y. App. Div. LEXIS 63 (1st Dept. Jan. 6, 2022). The omitted … Continue reading

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N.D.Ill.: Stopping work on the traffic ticket when the drug dog arrived resulted in lengthening the detention without RS

“Officer Allen admits that he was not printing the police department’s copy of the first citation or processing the second citation during the drug sniff. Rather, he completely stopped his traffic-related mission as soon as Officer Wiebe arrived and worked … Continue reading

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N.D.Fla.: § 2241 habeas can’t be used to review another USDJ’s denial of a motion to suppress

A defendant can’t use a 2241 habeas as a way to appeal denial of a motion to suppress by another district judge. Butler v. Cook, 2021 U.S. Dist. LEXIS 247876 (N.D.Fla. Nov. 30, 2021). Controlled buys from defendant a few … Continue reading

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PA: With MMJ, smell of MJ from a car alone is not PC for a vehicle search

Pennsylvania is a medical marijuana state. “Like the Superior Court, we hold that the smell of marijuana may be a factor, but not a stand-alone one, in determining whether the totality of the circumstances established probable cause to permit a … Continue reading

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TN: Even if a viable motion to suppress existed, it was reasonable strategy to work a plea deal considering all the evidence of guilt

Defense counsel wasn’t ineffective for not filing a suppression motion and working a plea deal instead. First, with the mountain of evidence against defendant, it was wise to work out a deal and avoid sentencing after trial for sexual assault … Continue reading

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W.D.La.: Where the search was valid under the automobile exception, the officer’s subjective assessment is irrelevant

“Here, the facts known to Broussard at the time of the search—Dyson’s prior arrest for the illegal possession of a firearm and drugs, and the smell of marijuana emanating from the vehicle during the present stop—support a Terry pat-down search … Continue reading

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PA: PC needed for a child protection home inspection

The Department of Human Services needs probable cause for a child protection home inspection. In re Y.W.-B., 2021 Pa. LEXIS 4353 (Dec. 23, 2021):

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NM: Tow and inventory of vehicle parked in owner’s driveway was unreasonable

The tow and inventory of the car defendant was driving, his grandmother’s, without a valid license was an abuse of the officer’s discretion. Here, the vehicle was parked in the grandmother’s driveway when the stop occurred. The officer’s practice of … Continue reading

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Cal.3: Smell of burnt MJ from car not PC in California

The smell of burnt marijuana coming from a car in California isn’t probable cause. Blakes v. Superior Court, 2021 Cal. App. LEXIS 1057 (3d Dist. Nov. 24, 2021) (published Dec. 16, 2021). Officers had probable cause for the automobile exception … Continue reading

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D.Idaho: Fact of app on cell phone that deletes photos when viewed doesn’t undermine PC for them

The court issued a search warrant for defendant’s cell phone for photographs of nude minors. The fact he had an account that allegedly deleted pictures when they were viewed doesn’t undermine the probable cause. United States v. Young, 2021 U.S. … Continue reading

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E.D.Mich.: Finding drugs on person during traffic custodial arrest permits vehicle search

Defendant’s stop was valid because the LPN was expired. While that proved to be untrue, the officer also learned early on the car was uninsured. With defendant arrested, the officer searched his person finding cocaine. That authorized a search of … Continue reading

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S.D.Ohio: Alleged 4A violation doesn’t create a lack of subject matter jurisdiction

A Fourth Amendment violation in a case, among other things, does not create a lack of jurisdiction. Forrest v. United States, 2021 U.S. Dist. LEXIS 232495 (S.D.Ohio Dec. 6, 2021). [Prospective clients still ask this here, as little as a … Continue reading

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CA7: Malicious prosecution case is based on a lack of PC

Malicious prosecution claim is ultimately based on a lack of probable cause. Summary judgment here inappropriate. Gupta v. Melloh, 2021 U.S. App. LEXIS 35934 (7th Cir. Dec. 6, 2021):

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IL: Lack of PC to arrest voids search incident to it

A lack of probable cause to arrest leads to voiding the search incident to arrest. People v. Freeman, 2021 IL App (1st) 200053, 2021 Ill. App. LEXIS 655 (Dec. 6, 2021). While marijuana seeds and stems aren’t federal contraband, searching … Continue reading

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CA6: Failure to object to co-occupant’s apparent consent supported consent

An occupant of defendant’s house with apparent authority consented to an entry. When the officers expressed an interest in defendant’s cell phone, he didn’t voice any concerns. “He maintains that the male occupant’s invitation to the officers to enter Mason’s … Continue reading

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