Category Archives: Reasonable suspicion

N.D.Ohio: The residence had two front doors but could not be definitively determined to be two residences before search; search still valid when it was two

The residential building searched had two front doors but one address. This suggested that it might be two residences, but police investigating couldn’t find any indication that it was two, not one. In any event, the warrant was based on … Continue reading

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NYTimes: Do You Have to Let the National Guard Search Your Bag on the Subway?

NYTimes: Do You Have to Let the National Guard Search Your Bag on the Subway? by Maria Cramer and Hurubie Meko (“Gov. Kathy Hochul would not say how long she planned to keep hundreds of soldiers and state police officers … Continue reading

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D.Minn.: Cell phone that govt can’t open not in its possession for discovery purposes

Defendant’s cell phone is in the possession of the government but it can’t search it because they don’t have the pass code. Defendant’s request for discovery of the phone under Rule 16 is denied because the contents of the phone … Continue reading

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GA: Officer didn’t have to distinguish between smell of MJ, hemp, and CBD to have PC to search car

Under existing precedent, the smell of suspected marijuana couldn’t be distinguished between hemp and CBD, and that was still probable cause for search of the car. Coverstone v. State, 2024 Ga. App. LEXIS 90 (Mar. 4, 2024). “First, Officer Murphy … Continue reading

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CA9: Two controlled buys by others afterward going to def’s house was nexus

Nexus to defendant’s house was shown by two controlled buys with others who traveled back to his house afterward. United States v. Espinoza, 2024 U.S. App. LEXIS 5147 (9th Cir. Mar. 4, 2024). “The warrant for appellant’s medical records was … Continue reading

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N.D.Ohio: Being the target of a search doesn’t automatically establish standing

Being the target of a search doesn’t automatically establish standing. There were four packages here sent under assumed names to assumed names. The anticipatory warrant was based on probable cause. United States v. Taylor, 2024 U.S. Dist. LEXIS 36749 (N.D. … Continue reading

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M.D.Pa.: Ordering driver out of car doesn’t extend it for Rodriguez purposes

Ordering the driver out of the car is incidental to the mission of the stop and doesn’t extend it for Rodriguez purpses. United States v. Brabham, 2024 U.S. Dist. LEXIS 36681 (M.D. Pa. Mar. 1, 2024). While the smell of … Continue reading

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D.Utah: Automobile exception permits search under the hood

The automobile exception permits a search under the hood, even if it is not the most likely spot to find drugs and a weapon. Here, a clip was found in the car, and the gun it belonged to under the … Continue reading

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D.Kan.: Cross-designated state-federal officer was “federal officer” for assault charge during execution of SW

Assaulting a state officer cross-designated as a federal officer qualified for assaulting a federal officer during execution of a search warrant. United States v. Butler, 2024 U.S. Dist. LEXIS 36172 (D. Kan. Mar. 1, 2024). The state courts did not … Continue reading

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N.D.W.Va.: “[T]he purpose of a motion to suppress is not to challenge the sufficiency or admissibility of evidence.” That’s for a motion in limine

“[T]he purpose of a motion to suppress is not to challenge the sufficiency or admissibility of evidence. See U.S. v. Musgrave, 726 F. Supp. 1027 (W.D.N.C. 1989) (‘As the Government contends … evidentiary issues are better addressed at trial through … Continue reading

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C.D.Cal.: Franks challenge succeeds in FIPF case

The search warrant for felon in possession was based on the officer affiant’s assertion defendant was a convicted felon but it was based on evaluation of paperwork from Georgia that showed he was a first offender without judgment of guilt … Continue reading

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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

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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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