Category Archives: Reasonable suspicion

IL: Circumstances made SW affidavit admissible at trial

The trial court abused its discretion in not permitting the defense to use the search warrant affidavit at trial that showed the warrant was targeting another person for other things other than what was found. The court cautions this may … Continue reading

Posted in Admissibility of evidence, Franks doctrine, Informant hearsay, Reasonable suspicion | Comments Off on IL: Circumstances made SW affidavit admissible at trial

E.D.Cal.: Def had standing in car he was driving with permission of owner

As the driver of the car and the person with lawful possession, defendant had standing to challenge the search of the car he didn’t own. The GPS warrant for it was based on probable cause, and the warrant for firearms … Continue reading

Posted in Reasonable expectation of privacy, Reasonable suspicion, Standing, Waiver | Comments Off on E.D.Cal.: Def had standing in car he was driving with permission of owner

D.Haw.: Specific exigency not required for automobile exception search

Defendant’s car could be searched under the automobile exception while it was parked at his mother’s condo. Exigency isn’t specifically required. United States v. Chan, 2023 U.S. Dist. LEXIS 14062 (D. Haw. Jan. 27, 2023).* Even if defendant’s otherwise objectively … Continue reading

Posted in Automobile exception, Pretext, Reasonable suspicion | Comments Off on D.Haw.: Specific exigency not required for automobile exception search

VA: Statute passed one year after search that smell couldn’t be basis didn’t apply retroactively

A statute passed a year after this search that the odor of marijuana was no longer probable cause didn’t apply retroactively here. It says “in violation of this statute,” so that’s prospective only. Loeper v. Commonwealth, 2023 Va. App. LEXIS … Continue reading

Posted in Consent, Good faith exception, Plain view, feel, smell, Protective sweep, Reasonable suspicion | Comments Off on VA: Statute passed one year after search that smell couldn’t be basis didn’t apply retroactively

OH6: State could get a jury instruction that defendant refused to submit to a DNA search

The state could get a jury instruction that defendant refused to submit to a DNA search. State v. Roberts, 2023-Ohio-142, 2023 Ohio App. LEXIS 131 (6th Dist. Jan. 18, 2023). The facts in isolation may not show reasonable suspicion but … Continue reading

Posted in Automobile exception, DNA, Dog sniff, Reasonable suspicion, State constitution | Comments Off on OH6: State could get a jury instruction that defendant refused to submit to a DNA search

S.D.N.Y.: Pending recalculation of time on parole didn’t affect legality of parole search

Defendant’s state remaining parole time was subjected to recalculation but it hadn’t happened by the time of the parole search based on a tip he had a firearm. Therefore it was reasonable. Alternatively, it was by consent. United States v. … Continue reading

Posted in Franks doctrine, Probation / Parole search, Reasonable suspicion | Comments Off on S.D.N.Y.: Pending recalculation of time on parole didn’t affect legality of parole search

NC: Officer who had knowledge of driver’s medical disqualification from driving could make a stop

“Therefore, a law enforcement officer with either probable cause or reasonable suspicion to believe that the driver of a vehicle is driving with a medically canceled license may conduct a lawful traffic stop of that vehicle without running afoul of … Continue reading

Posted in Automobile exception, Reasonable suspicion, Search incident | Comments Off on NC: Officer who had knowledge of driver’s medical disqualification from driving could make a stop

DE: State habeas not for 4A claims

A state habeas petition is not how one presents a Fourth Amendment claim. Chrisden v. State, 2023 Del. LEXIS 17 (Jan. 13, 2023). Defendant’s traffic stop was factually justified. The smell of marijuana and his admissions gave probable cause to … Continue reading

Posted in Franks doctrine, Reasonable suspicion | Comments Off on DE: State habeas not for 4A claims

CA6: Erroneous LEO database info still justified stop

Officers had information from the state DL and LPN database that defendant’s car had no insurance. That justified the stop even if it turned out to be erroneous. United States v. Conley, 2023 U.S. App. LEXIS 856 (6th Cir. Jan. … Continue reading

Posted in Exclusionary rule, Nexus, Reasonable suspicion | Comments Off on CA6: Erroneous LEO database info still justified stop

E.D.N.Y.: Without knowing what to suppress, motion to suppress is premature

Defendant’s motion to suppress the search of Device A is premature since the product of the search isn’t yet known. Also, his motion to suppress the search of Device B is denied for lack of standing. It isn’t his. United … Continue reading

Posted in Custody, Motion to suppress, Reasonable suspicion | Comments Off on E.D.N.Y.: Without knowing what to suppress, motion to suppress is premature

M.D.Pa.: Refusal to show hands when ordered shows no seizure

Defendant’s refusal to show his hands when ordered to by the officer was not a seizure. United States v. Garner, 2023 U.S. Dist. LEXIS 5400 (M.D. Pa. Jan. 11, 2023).* Defendant’s stop was justified and it escalated to reasonable suspicion … Continue reading

Posted in Dog sniff, Reasonable suspicion, Seizure | Comments Off on M.D.Pa.: Refusal to show hands when ordered shows no seizure

IA: State failure to object to lack of Franks preliminary showing results in hearing, but def fails anyway

Defendant got a Franks hearing without an adequate showing, and the state didn’t object. So the court of appeals considers the showing at the hearing over the state’s objection, and defendant fails to show recklessness or intentional false statement or … Continue reading

Posted in Burden of pleading, Franks doctrine, Reasonable suspicion | Comments Off on IA: State failure to object to lack of Franks preliminary showing results in hearing, but def fails anyway

CA8: An attempted arrest isn’t a seizure, even without PC

“However, an attempted arrest alone, even if unsupported by probable cause, is insufficient to invoke Fourth Amendment protections against unreasonable seizures. See Hodari D., 499 U.S. at 626 (‘The word “seizure” … does not remotely apply … to the prospect … Continue reading

Posted in Probable cause, Reasonable suspicion, Seizure | Comments Off on CA8: An attempted arrest isn’t a seizure, even without PC

CA7: Ptf’s civil Franks claim survives SJ because it stated a claim

“Here, a reasonable jury could find that Buonadonna intentionally or recklessly included material false statements and withheld material exculpatory information. Buonadonna admits that he read the protective order and knew that it did not bar communication between Klein and Salatas. … Continue reading

Posted in Franks doctrine, Reasonable suspicion | Comments Off on CA7: Ptf’s civil Franks claim survives SJ because it stated a claim

IL: Officers executing SW lawfully seized gun in plain view

The trial court erred in suppressing evidence. The officers were lawfully on the premises with a warrant when a gun was seen in plain view. People v. Serrato, 2023 IL App (2d) 220100, 2023 Ill. App. LEXIS 3 (Jan. 6, … Continue reading

Posted in Mail and packages, Plain view, feel, smell, Prison and jail searches, Reasonable suspicion | Comments Off on IL: Officers executing SW lawfully seized gun in plain view

E.D.Tex.: Govt failed to prove traffic offenses or any RS for stop

There was no justification for defendant’s traffic stop based on two statutes that weren’t violated. The government’s assertion of reasonable suspicion from an anonymous tip also failed. United States v. Salazar, 2022 U.S. Dist. LEXIS 234747 (E.D. Tex. Dec. 12, … Continue reading

Posted in Consent, Probation / Parole search, Reasonable suspicion | Comments Off on E.D.Tex.: Govt failed to prove traffic offenses or any RS for stop

CA8: PC parolee home is required for a parole search

Probable cause, not reasonable suspicion, is required for belief the parolee is at his residence for a parole search. Surveys conflicting authorities, even from the same district court. United States v. Thabit, 2023 U.S. App. LEXIS 169 (8th Cir. Jan. … Continue reading

Posted in Probation / Parole search, Reasonable suspicion | Comments Off on CA8: PC parolee home is required for a parole search

D.Mass.: No REP in video surveillance in an apartment building hallway that covered def’s door

“Defendants may have held a subjective expectation that activity in and around the doorway of the apartment would remain private but such an expectation was not objectively reasonable because their activity took place in a common area exposed to the … Continue reading

Posted in Reasonable expectation of privacy, Reasonable suspicion, Video surveillance | Comments Off on D.Mass.: No REP in video surveillance in an apartment building hallway that covered def’s door

techdirt: Successful Evidence Suppression Motion Shows Cops Think Pretty Much Everything Is ‘Suspicious’

techdirt: Successful Evidence Suppression Motion Shows Cops Think Pretty Much Everything Is ‘Suspicious’ by Tim Cushing, about reasonable suspicion in traffic stops. Everything and anything is reasonable suspicion, so if everything is, everyone can be stopped and detained.

Posted in Motion to suppress, Reasonable suspicion | Comments Off on techdirt: Successful Evidence Suppression Motion Shows Cops Think Pretty Much Everything Is ‘Suspicious’

W.D.Okla.: Validity of a stop doesn’t depend on whether a traffic offense actually happened, just whether there is RS it did

“[T]he constitutionality of the stop does not depend on whether the driver did, in fact, commit a traffic violation. The standard is reasonable suspicion of wrongdoing. If an officer reasonably thinks he saw a driver commit a traffic infraction, then … Continue reading

Posted in Plain view, feel, smell, Protective sweep, Reasonable suspicion, Reasonableness | Comments Off on W.D.Okla.: Validity of a stop doesn’t depend on whether a traffic offense actually happened, just whether there is RS it did