Category Archives: Reasonable suspicion

W.D.Ky.: Arrest warrant doesn’t require executing officer to check into PC for it

If there is an arrest warrant, the executing officer doesn’t have to look behind it to determine its validity. Other alleged probable cause for defendant’s stop is immaterial. United States v. Cox, 2022 U.S. Dist. LEXIS 7551 (W.D.Ky. Jan. 14, … Continue reading

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D.Minn.: Automobile exception applied to RV with engine not on blocks; was capable of movement

Whether the engine of a mobile home was running or not doesn’t matter. It was capable of movement so the search was valid under the automobile exception. “The fact that the motor home had a bathroom and kitchen and looked … Continue reading

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C.D.Cal.: Admin SDT is not a 4A seizure

The Secretary of Labor’s administrative subpoena duces tecum here did not violate the Fourth Amendment. “A warrant is required only when government officials enter onto a private party’s premises without consent and forcibly take possession of documents.” Walsh v. Int’l … Continue reading

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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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CA10: That officer could have provided false affidavit is not a ‘substantial preliminary showing’ for Franks

“Velarde-Pavia has offered no evidence that Officer Juarez lied in his affidavit. Rather than make the needed ‘substantial preliminary showing,’ Velarde-Pavia only speculates that Officer Juarez could be lying–that is not enough.” As to informant hearsay, the affidavit for the … Continue reading

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S.D.Ga.: [Gratuitously] asking motorist for consent deviated from the mission of the stop; motion to suppress granted

Asking defendant for consent to search when there were three officers around and then telling the others she declined unreasonably extended the stop even though it was 50 seconds. No decision had been made to issue a ticket or a … Continue reading

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NM: Traffic arrest by reserve deputy in violation of statute violates state constitution

Where the legislature requires traffic arrests be made by uniformed, sworn, and salaried officers, arrest by a reserve deputy violates the state constitution. State v. Wright, 2022 N.M. LEXIS 2 (Jan. 10, 2022). “The Court finds that Mr. Hunley was … Continue reading

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S.D.N.Y.: RS parolee is into drugs justifies PO’s cell phone search

State parole officers with reasonable suspicion defendant was involved in drugs could seize and search his cell phone. United States v. Devaughn, 2022 U.S. Dist. LEXIS 5406 (S.D.N.Y. Jan. 11, 2022). There was no reasonable suspicion for a probation search … Continue reading

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D.Ariz.: Shooting incident 4 days earlier was RS

A shooting incident at a Tucson motel four days earlier led police to stop defendant in a car involved seen on motel video. That was reasonable suspicion. United States v. Castro, 2021 U.S. Dist. LEXIS 249438 (D.Ariz. Dec. 13, 2021).* … Continue reading

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MA: A computer check during a traffic stop would dispel any RS, and failure to do so was unreasonable

Defendant’s car had an inspection rejection sticker for safety defects, but state law grants a 60 day grace period for correction. A computer check would have answered any questions. “Accordingly, we conclude that whether the troopers’ suspicion was reasonable in … Continue reading

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DC: Tripping up def as he fled an encounter was a seizure without RS

D.C. gun recovery unit (GRU) officers stopped and approached defendant in an alley to talk to him. He hesitated and ran, and they ultimately caught him. The stop lacked reasonable suspicion. “Mr. Mayo argues that the GRU officers seized him … 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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TX8: Purely private search of cell phone not suppressed under art. 38.23(a)

The purely private search of defendant’s cell phone finding child pornography that was reported to police was not subject to exclusion under Texas’s art. 38.23(a). If a laptop search is not subject to exclusion, neither is a cell phone. Horne … Continue reading

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N.D.Ohio: Not IAC to not raise every suppression issue def wants

Defense counsel had the discretion not to make every argument defendant wanted on a suppression motion. “It is well within counsel’s constitutional discretion to make the decision to raise or not raise certain arguments at a suppression hearing. That counsel … Continue reading

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CA6: Torres v. Madrid not a new constitutional rule for successor habeas

Torres v. Madrid did not announce a new constitutional rule for an ineffective assistance of counsel claim in a successor habeas. In re Foster, 2022 U.S. App. LEXIS 141 (6th Cir. Jan. 3, 2022). “Considering that reasonable suspicion ‘is not, … 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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TN: Where car was abandoned, there were no reasonable alternatives to impoundment available to the police

Tennessee recognizes that impoundment and inventory can be avoided if there are reasonable alternatives to it at the time. Here, defendant’s car was abandoned on the road and, when they arrived, it was in the process of being towed and … Continue reading

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D.N.M.: Def in a make of car he was prone to steal one hour after its theft was RS

The officer had reasonable suspicion on the totality to detain defendant for car theft. Defendant had a general reputation for that in the community. United States v. Madrigal, 2021 U.S. Dist. LEXIS 247007 (D.N.M. Dec. 28, 2021)* [one of those … Continue reading

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D.D.C.: Being “wide eyed” and evading police when seeing them isn’t RS

Defendant getting wide eyed on seeing police and then hiding from them understandably would get their attention, but it’s not reasonable suspicion. United States v. Winecoff, 2021 U.S. Dist. LEXIS 248279 (D.D.C. Dec. 30, 2021):

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