Category Archives: Reasonable suspicion

CA7: CI identity irrelevant because of controlled buys

This case is about fentanyl on defendant’s person, so the identity of the CI that led police to him is irrelevant under Roviaro. Controlled buys justified his arrest. United States v. Johnson, 2024 U.S. App. LEXIS 4450 (7th Cir. Feb. … Continue reading

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D.S.C.: Speeding stop justified even if dashcam video is inconclusive

The stop was justified: “In this case, although the dash cam footage is inconclusive of Officer Dudley’s visual estimate of speed, no evidence was put forth that cast doubt on Officer Dudley’s ability to estimate speed. Further, additional indicia of … Continue reading

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CA5: Burden on def to show smell of MJ in car was from lawful use

If one is claiming that prior use of marijuana in the car is lawful, thus defeating probable cause, the burden is on him or her. United States v. Goldsmith, 2024 U.S. App. LEXIS 4405 (5th Cir. Feb. 26, 2024).* [Except … Continue reading

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OH1: Trial court erred in not suppressing when officer couldn’t remember the basis of stop

Defendant satisfied his burden of pleading by stating the stop was without justification. At the hearing on the motion to suppress this OVI case, the officer couldn’t remember why defendant was stopped. The trial court erred in not suppressing. State … Continue reading

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OH4: Officer saying he had PC to search when he didn’t made search without consent

“We find that the detective did have reasonable suspicion to make an investigative stop of Stephenson’s vehicle based on the information provided by an informant. However, the detective lacked probable cause to search the vehicle and the purported ‘consent’ that … Continue reading

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W.D.Mo.: Unless SW overseizure is in bad faith or with reckless disregard, the entire search doesn’t fail, just the overseizure (but not always)

An overseizure during execution of a search warrant does not lead to suppression of that which was lawfully seized. If anything, just the stuff that was overseized. Here, there was obviously a huge amount of paper seized, and it was … Continue reading

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CA5: Facts of this alleged Rodriguez violation get QI

Plaintiff was stopped on I-40 and then he later sued complaining the stop was continued too long. On the facts he presents, it was not clearly established that the continuation of this stop was unreasonable. Weisshaus v. Teichelman, 2024 U.S. … Continue reading

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DE: Def can’t show vindictive prosecution to get names of those who allegedly provided false information to police for SW of public records

In a case involving a public official accused of misappropriating funds, there was a search warrant for office records. She claimed she was entitled to the names of those who might have provided false information to investigators for the warrant … Continue reading

Posted in Franks doctrine, Informant hearsay, Reasonable expectation of privacy, Reasonable suspicion | Comments Off on DE: Def can’t show vindictive prosecution to get names of those who allegedly provided false information to police for SW of public records

N.D.Ohio: Drug lab results from controlled buy not required for PC

The government had probable cause for the search warrant for defendant’s house despite the fact that the drugs previously bought from him hadn’t come back from testing at the crime lab. United States v. Clark, 2024 U.S. Dist. LEXIS 24651 … Continue reading

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D.Minn.: Neither PC nor RS required to look into a stopped vehicle’s windows

Neither probable cause nor reasonable suspicion required to look into a stopped vehicle’s windows. United States v. Walker, 2024 U.S. Dist. LEXIS 22075 (D. Minn. Feb. 8, 2024). Defendant’s social media account with pictures of him holding guns and recorded … Continue reading

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S.D.Ill.: Odor of marijuana coming from a car is PC in this federal circuit even if it’s maybe not in state court anymore because of recreational use

The odor of marijuana coming from a car is probable cause in this circuit even if it’s maybe not be in state court anymore. United States v. Toney, 2024 U.S. Dist. LEXIS 20838 (S.D. Ill. Feb. 6, 2024). Qualified immunity … Continue reading

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C.D.Cal.: Gang tattoo, baggy clothing, high crime area was RS

“Here, Officer Wardle considered an amalgam of factors: Ortiz was stopped in a high-crime area; he had a clearly visible gang tattoo; and he was wearing baggy clothing capable of concealing a weapon. While the Officers in this case did … Continue reading

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CA10: USMS Fugitive Task Force sufficiently different to not fall under Bivens

The USMS is sufficiently different from the defendants in Bivens to justify Bivens not applying where there was an alleged illegal entry of the Fugitive Task Force. Also, there are alternative administrative remedies. Logsdon v. United States Marshal Serv., 2024 … Continue reading

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CA11: Failure to object to USMJ’s 4A analysis in R&R is waiver

Failure to object to the U.S. Magistrate Judge’s factual and legal conclusions on the search claim in the R&R is waiver. Thus he “waived his right to appeal the conclusions in the R&R.” Summarily affirmed. United States v. Kelly, 2024 … Continue reading

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CA9: Questioning motorist about probation status for 10 seconds and safety reasons was reasonable

Questioning defendant about his probation or parole status, albeit for about 10 seconds and clearly for safety reasons, did not unreasonably extend the stop. United States v. Beltran, 2024 U.S. App. LEXIS 2003 (9th Cir. Jan. 30, 2024). There was … Continue reading

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IL: A detention hearing right after arrest is not the place for a suppression hearing

A detention hearing right after arrest is not the place for a suppression hearing. Thus, the detention hearing court did not err in not considering Fourth Amendment issues. People v. Parker, 2024 IL App (1st) 232164, 2024 Ill. App. LEXIS … Continue reading

Posted in Arrest or entry on arrest, Reasonable suspicion, Suppression hearings, Warrant papers | Comments Off on IL: A detention hearing right after arrest is not the place for a suppression hearing

CA5: Open container justified extending the stop under Terry-Rodriguez

Defendant’s open container justified extending the stop under Terry-Rodriguez. United States v. Phillips, 2024 U.S. App. LEXIS 1929 (5th Cir. Jan. 29, 2024). Reasonable suspicion developed during each step of the stop. “The stop, measured from when Trooper Miller stopped … Continue reading

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E.D.Mich.: Def showed enough to reopen his suppression hearing which is usually frowned on

Defendant’s motion to reopen his suppression hearing is granted. “To resolve Defendant’s motion, the Court must determine whether Defendant has provided a sufficient explanation for failing to present at the suppression hearing the evidence that Defendant now wishes to introduce. … Continue reading

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N.D.Cal.: Failure to pursue alleged traffic violation made stop unreasonable

Defendant was stopped ostensibly for a traffic violation, and he was handcuffed and the officers literally did nothing to investigate that–they didn’t even ask for his license and registration. Despite the fact Whren says pretext doesn’t matter, that lack of … Continue reading

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D.R.I.: SW required for a short term CSLI Tower Dump

Finding short term CSLI obtained by a cell phone tower dump also protected by the Fourth Amendment, the court holds, disagreeing with other courts, that a warrant was required, but the good faith exception applies. An long, interesting opinion. “The … Continue reading

Posted in Cell site location information, Good faith exception, Issue preclusion, Reasonable suspicion | Comments Off on D.R.I.: SW required for a short term CSLI Tower Dump