Category Archives: Probable cause

S.D.Fla.: Suppression motion issue selection is strategic choice under Strickland

“[C]ounsel was not ineffective as it relates to the search warrants at issue because counsel filed motions to suppress raising multiple arguments, and Movant failed to show that counsel’s strategic choice to pursue certain arguments over others—such as the Fourth … Continue reading

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KS: Officer’s two calls to dispatch telling him there was a warrant was reasonable under Herring

Defendant’s arrest based on the officer’s two calls to dispatch insisting there was a warrant for defendant was reasonable reliance on a mistake of another under Herring. State v. Gilliland, 2021 Kan. App. LEXIS 21 (May 14, 2021). The French … Continue reading

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WA: Unverified belief in existence of arrest warrant required suppression

Unverified belief there was an arrest warrant for defendant required that the arrest and search be suppressed. State v. Pines, 2021 Wash. App. LEXIS 1223 (May 17, 2021). “Here, while the record is unclear as to when the outstanding warrant … Continue reading

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D.D.C.: Videos referred to in criminal complaints in Capitol Riot Cases presumptively public records

The videos referred to in criminal complaints in the Capitol Riot Cases are presumptively public records. In Re: Press and Public Access to Video Exhibits in the Capitol Riot Cases, Misc. Action No. 21-46 (BAH) (D.D.C. May 14, 2021). A … Continue reading

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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):

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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

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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

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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

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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

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