Category Archives: Reasonable suspicion

CA3: Handcuffed detainee can still be frisked with RS

Just because a detainee is handcuffed, the potential threat hasn’t abated, and a frisk can occur. United States v. Jackson, 2024 U.S. App. LEXIS 28229 (3d Cir. Nov. 6, 2024). The affidavit for the warrant for defendant’s home was based … Continue reading

Posted in Good faith exception, Issue preclusion, Reasonable suspicion | Comments Off on CA3: Handcuffed detainee can still be frisked with RS

OH4: Asking motorist about destination doesn’t measurably extend stop under Rodriguez

Asking a motorist about his or her destination during a traffic stop does not measurably extend the stop under Rodriguez. State v. Woods, 2024-Ohio-5301, 2024 Ohio App. LEXIS 3997 (4th Dist. Oct. 29, 2024). Similar: “Officers may question the driver … Continue reading

Posted in Ineffective assistance, Reasonable suspicion | Comments Off on OH4: Asking motorist about destination doesn’t measurably extend stop under Rodriguez

MO: Def’s attempts to block the officer’s view of the interior of his car was RS

Defendant’s attempts to block the officer’s view of the interior of his car was reasonable suspicion. State v. Thomas, 2024 Mo. LEXIS 335 (Nov. 5, 2024):

Posted in Reasonable suspicion | Comments Off on MO: Def’s attempts to block the officer’s view of the interior of his car was RS

S.D.Fla.: Raid on a business alleged to be retaliation for political speech survives motion to dismiss

A warrantless raid on a business alleged to have a First Amendment political retaliatory motive survives a motion to dismiss. “Taking the Complaint’s allegations as true, we think that Hernandez’s organizing a raid of Bellas to suppress political speech—‘actions reminiscent … Continue reading

Posted in Issue preclusion, Reasonable suspicion, Retaliation | Comments Off on S.D.Fla.: Raid on a business alleged to be retaliation for political speech survives motion to dismiss

D.Alaska: Unsigned SW affidavit still in GF where officer was sworn

The affidavit for warrant was unsigned by the officer but he had been sworn before the warrant issued. The good faith exception saves this search. United States v. Hampton, 2024 U.S. Dist. LEXIS 200326 (D. Alaska Nov. 4, 2024) Defendant’s … Continue reading

Posted in Collective knowledge, Ineffective assistance, Neutral and detached magistrate, Reasonable suspicion, Warrant requirement | Comments Off on D.Alaska: Unsigned SW affidavit still in GF where officer was sworn

TX12: Texas livestock officer lacked general law enforcement powers

A special ranger employed by the Texas & Southwest Cattle Raisers Association (TSCRA) recognized as part of the Texas DPS held himself out to be a law enforcement officer. Special rangers are limited to livestock and limited offenses. Instead, he … Continue reading

Posted in Cell phones, Exclusionary rule, Ineffective assistance, Reasonable suspicion, Reasonableness | Comments Off on TX12: Texas livestock officer lacked general law enforcement powers

NY1: Failure to controvert any facts or make an argument justifies denying suppression hearing

“Although the felony complaint, indictment, voluntary disclosure form, arraignment transcript, and search warrant affidavit disclosed to defendant provided him with ‘detailed information about the sequence of events leading up to his arrest’ …, he failed to controvert the specific information … Continue reading

Posted in Burden of pleading, Protective sweep, Reasonable suspicion, Suppression hearings | Comments Off on NY1: Failure to controvert any facts or make an argument justifies denying suppression hearing

CA2: 4A doesn’t incorporate state procedural rules and statutes

The constitution doesn’t incorporate state criminal procedural rules and statutes, and a violation of them doesn’t make a Fourth Amendment violation. See Virginia v. Moore. McCullough v. Graves, 2024 U.S. App. LEXIS 27503 (2d Cir. Oct. 30, 2024). The address … Continue reading

Posted in Excessive force, Particularity, Reasonable suspicion, Reasonableness | Comments Off on CA2: 4A doesn’t incorporate state procedural rules and statutes

PA: CI tip gave RS for dog sniff during stop

The CI’s tip gave reasonable suspicion to extend the stop for a dog sniff. Commonwealth v. Ortiz, 2024 PA Super 249, 2024 Pa. Super. LEXIS 467 (Oct. 29, 2024).* “Moreover, as noted above, Trooper Klun’s personal observation of Harris driving … Continue reading

Posted in Franks doctrine, Informant hearsay, Reasonable suspicion | Comments Off on PA: CI tip gave RS for dog sniff during stop

E.D.Va.: Reporting requirements of Corporate Transparency Act don’t violate 4A under California Bankers

Plaintiffs challenge the Corporate Transparency Act on several grounds. As to their claim the reporting requirement violates the Fourth Amendment, there is no likelihood of success on the merits under California Bankers decided 50 years ago. Community Ass’ns Inst. v. … Continue reading

Posted in Issue preclusion, Reasonable expectation of privacy, Reasonable suspicion, Third Party Doctrine | Comments Off on E.D.Va.: Reporting requirements of Corporate Transparency Act don’t violate 4A under California Bankers

OK: Exclusion not the remedy for knock-and-announce violation under state constitution either

Exclusion is not the remedy for a knock-and-announce violation, following Hudson under state constitution, too. State v. Velasquez, 2024 OK CR 29, 2024 Okla. Crim. App. LEXIS 28 (Oct. 24, 2024). Officers had a warrant for defendant’s arrest, and when … Continue reading

Posted in Automobile exception, Knock and announce, Probable cause, Reasonable suspicion, State constitution | Comments Off on OK: Exclusion not the remedy for knock-and-announce violation under state constitution either

NY: Not IAC to not raise a novel knock-and-announce argument

Defendant’s ineffective assistance of counsel argument that defense counsel was deficient in not raising a novel argument about not following SCOTUS’s Hudson knock-and-announce case fails. No reasonable defense lawyer would have seen the need to raise it, and the merits … Continue reading

Posted in Burden of pleading, Ineffective assistance, Issue preclusion, Knock and announce, Reasonable suspicion | Comments Off on NY: Not IAC to not raise a novel knock-and-announce argument

GA: Car GPS reported to dealer, and officer got SW for the GPS data

Defendant’s car GPS snitched him off to the dealer where the officers got the ping information. “The Cobb detective also discovered that the Camry had a GPS system that pinged its location to the dealership, and she obtained a search … Continue reading

Posted in GPS / Tracking Data, Pole cameras, Reasonable suspicion | Comments Off on GA: Car GPS reported to dealer, and officer got SW for the GPS data

D.S.D.: Resistance to a frisk can help justify it

Aside from there being a basis for a frisk, defendant’s resistance to it justified it under circuit precedent. United States v. Gatnoor, 2024 U.S. Dist. LEXIS 191729 (D.S.D. Oct. 18, 2024). “We agree that, on this record, Burks failed to … Continue reading

Posted in Emergency / exigency, Reasonable suspicion, Stop and frisk, Waiver | Comments Off on D.S.D.: Resistance to a frisk can help justify it

CA10: When PC is shown, nexus to home can be “thin”

“Defendant acknowledges that the affidavit in support of the search warrant ‘establishes probable cause to believe [Defendant] distributed controlled substances’ (and it plainly does), but says ‘the nexus between his drug activity and the apartment is thin.’ Aplt’s Op. Br. … Continue reading

Posted in Nexus, Reasonable suspicion | Comments Off on CA10: When PC is shown, nexus to home can be “thin”

SD: PC for drugs as to driver extends to passenger’s purse

Once there was probable cause to search a vehicle because of what was on the driver, there was also probable cause to search the purse of his passenger. State v. Edwards, 2024 S.D. 62, 2024 S.D. LEXIS 136 (Oct. 16, … Continue reading

Posted in Automobile exception, Informant hearsay, Reasonable suspicion, Scope of search | Comments Off on SD: PC for drugs as to driver extends to passenger’s purse

D.Minn.: While def was a passenger in a van, it was transporting his stuff, so he had standing

Defendant was a passenger in a van owned by a family member and transporting his stuff. He had standing to challenge the stop and detention. The stop was admittedly valid, and the extension of 15 minutes was based on reasonable … Continue reading

Posted in FISA, Reasonable suspicion, Standing | Comments Off on D.Minn.: While def was a passenger in a van, it was transporting his stuff, so he had standing

W.D.Ark.: State remedy for return of property bars § 1983 claim for it

Plaintiff’s § 1983 suit for return of property is denied because there is a state law remedy, even if a federal claim was barred by Heck. Owens v. Samuel, 2024 U.S. Dist. LEXIS 189894 (W.D. Ark. Sep. 24, 2024), adopted, … Continue reading

Posted in § 1983 / Bivens, Excessive force, Reasonable suspicion, Rule 41(g) / Return of property | Comments Off on W.D.Ark.: State remedy for return of property bars § 1983 claim for it

M.D.Ga.: Cell phone search started before SW’s completion date isn’t unreasonable

The fact execution of the warrant on defendant’s cell phone took longer than the time limitation in the warrant doesn’t justify suppression if the search process started before its expiration. United States v. Hewlett, 2024 U.S. Dist. LEXIS 189371 (M.D. … Continue reading

Posted in Cell phones, Nexus, Reasonable suspicion, Warrant execution | Comments Off on M.D.Ga.: Cell phone search started before SW’s completion date isn’t unreasonable

N.D.Ga.: Opening car door during stop requires RS

Opening a car door during a traffic stop requires reasonable suspicion and is governed by Terry. On the totality, officers had it based on a detailed BOLO. United States v. Crumbley, 2024 U.S. Dist. LEXIS 189567 (N.D. Ga. Oct. 18, … Continue reading

Posted in Arrest or entry on arrest, Burden of proof, Reasonable suspicion | Comments Off on N.D.Ga.: Opening car door during stop requires RS