Category Archives: Probable cause

AF: Telling wife in jail call to delete a social media account AFOSI was looking to search was obstruction

While defendant was in pretrial confinement, he called his wife and instructed her to delete a social media account that the government was intending to search. This led to his obstruction charge. The call was monitored by the jail. United … Continue reading

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CA5: Officer gets QI for shooting into a car under these circumstances

In a case of shooting into a car, “In sum, plaintiffs have not pointed to sufficient authority clearly establishing that Coborn’s conduct violated the law under the specific circumstances he was facing, and thus he is entitled to qualified immunity.” … Continue reading

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CA2: Inventory policy here was attached to pleadings and sufficed

The vehicle inventory search was testified to be within ATF policy, which was attached to the pleadings, and it was. United States v. Brack, 2023 U.S. App. LEXIS 12197 (2d Cir. May 18, 2023). Officers observed two people making likely … Continue reading

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OH3: Officers had PC without regard to what CI said

The officers had probable cause for defendant’s stop without regard to what the CI said, so failure to corroborate the CI had no effect on the outcome. State v. Harrison, 2023-Ohio-1618 (3d Dist. May 15, 2023).* Defendant’s stipulated plea agreement … Continue reading

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CA2: GFE applies to particularity of SWs too

The good faith exception applies to particularity questions where the officer cannot reasonably be expected to question the scope of the warrant. United States v. Walker, 2023 U.S. App. LEXIS 11798 (2d Cir. May 15, 2023). “Given that a police … Continue reading

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S.D.Ga.: SW for premises is for evidence and requires no crime on the premises

“An affidavit seeking a search warrant for a residence need not contain ‘an allegation that the illegal activity occurred at the location,’ … but it ‘should establish a connection between the defendant and the residence to be searched and a … Continue reading

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TN: Bounty hunter is not a state actor for 4A

A bailbond bounty hunter is not a state actor for the Fourth Amendment. State v. Wojnarek, 2023 Tenn. Crim. App. LEXIS 160 (May 10, 2023). A Delaware JP issued this search warrant, and it was with probable cause. United States … Continue reading

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NY Albany: SW’s problematic time limits support severability

The time limits on the scope of the warrant are problematic, but severable. People v. Williams, 2023 NY Slip Op 23137, 2023 N.Y. Misc. LEXIS 2165 (Albany Co. May 8, 2023).* In a sex trafficking case, probable cause was shown … Continue reading

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CA3: When relying on social media posts for PC, innocent explanations aren’t required

The warrant affiant adequately corroborated the CIs. When relying on jewelry visible in defendant’s social media posts, it isn’t necessary for the affiant to prove they are real or actually his. For probable cause, innocent explanations don’t have to be … Continue reading

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CA5: 4A doesn’t apply to a letter carrier

“In co-defendant Johnlouis’s case, our court upheld the denial of the motion to suppress because we determined that the letter carrier was ‘not a government actor to whom the Fourth Amendment applies.’ United States v. Johnlouis, 44 F.4th 331, 337 … Continue reading

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N.D.W.Va.: Pulling open def’s pocket to search it was intentional and unreasonable; exclusionary rule applied

Pulling open defendant’s pocket to search it was intentional and required applying the exclusionary rule. United States v. Jenkins, 2023 U.S. Dist. LEXIS 74739 (N.D. W.Va. Apr. 28, 2023). The close relationship between the participants supported probable cause. It was … Continue reading

Posted in Automobile exception, Exclusionary rule, Inventory, Probable cause | Comments Off on N.D.W.Va.: Pulling open def’s pocket to search it was intentional and unreasonable; exclusionary rule applied

D.Minn.: Warrant for ion scan of defendant’s door and door frame was issued on PC

Because a drug dog wouldn’t alert to fentanyl, the government showed probable cause on the totality of circumstances for an ion scan of defendant’s apartment door for traces of fentanyl. Warrants for ion scans have been approved in other cases. … Continue reading

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PA: No standing to challenge Google SW for who searched rape victim’s name before crime

In a home invasion rape case, the state sought from Google search information involving the victim’s name in the 48 hours before the rape, and there were searches for that from defendant’s IP address. Defendant had no reasonable expectation of … Continue reading

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IL4: Despite legalization of possession of small amounts of MJ, dog alert still PC

The drug dog’s “positive alert on the vehicle in this case established a fair probability that drugs or evidence of a crime would be found in the vehicle. This is true despite recent changes in the law regarding the legalization … Continue reading

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OH12: Fact LEO broke traffic laws to catch speeder isn’t a 4A reasonableness defense

The fact a police officer arguably broke traffic laws to effect a stop of a fleeing motorist isn’t a defense to a traffic stop under the Fourth Amendment or the state constitution. State v. Johnson, 2023-Ohio-1320, 2023 Ohio App. LEXIS … Continue reading

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CA11: Mere fact of a firearm in the home wasn’t exigency here

“Although Officer Plesnik now arrived with the knowledge that there was a firearm on site, the mere presence of a firearm—without more—did not transform the non-exigent scene into an exigent circumstance and trigger the emergency aid exception. Indeed, by the … Continue reading

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OH5: Admission of MJ but no MMJ card was PC

Admission there was marijuana in the car and nobody had a MMJ card was probable cause. State v. Hale, 2023-Ohio-1057, 2023 Ohio App. LEXIS 1025 (5th Dist. Mar. 30, 2023). A conclusory allegation that false information in an affidavit for … Continue reading

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D.N.M.: Search warrants are directed at places, not persons; offender need not be mentioned

Search warrants are directed at places, not persons. “Because, at the time of the oral affidavit, there was a fair probability the crime of kidnapping occurred and a fair probability evidence of that crime would be found in Defendant’s home … Continue reading

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CA2: No REP shown in porch shared with neighbor

Defendant shared a porch with his neighbor and made no effort to show a reasonable expectation of privacy in it. United States v. Lewis, 2023 U.S. App. LEXIS 6689 (2d Cir. Mar. 21, 2023).* The exclusionary rule doesn’t apply in … Continue reading

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E.D.Wis.: PC for a place can be shown by inference

Probable cause evidence can be found in a particular place can be shown by inference, and direct evidence not required. United States v. Hayes, 2023 U.S. Dist. LEXIS 45203 (E.D. Wis. Jan. 17, 2023),* adopted, 2023 U.S. Dist. LEXIS 44211 … Continue reading

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