Category Archives: Collective knowledge

CA6: Officer firing gun at a person he or she doesn’t know fired one, too, is excessive

Officers fired at plaintiff without knowing whether he was the one who fired a gun at them. The sound of racking a bullet into a gun’s chamber in the abstract was not enough. LeFtwich v. Driscoll, 2023 U.S. App. LEXIS … Continue reading

Posted in Collective knowledge, Prison and jail searches, Reasonable suspicion | Comments Off on CA6: Officer firing gun at a person he or she doesn’t know fired one, too, is excessive

AR: Suicide note and no answer at door justified exigent entry

Police responded to a call within minutes of a finding of a suicide note. “One officer called the on-call investigator after knocking on the door and getting no response. It was only then that the officers decided to breach the … Continue reading

Posted in Collective knowledge, Emergency / exigency, Good faith exception | Comments Off on AR: Suicide note and no answer at door justified exigent entry

MA: Horizontal collective knowledge requires officers communicate with each other

Horizontal collective knowledge in Massachusetts requires the officers communicate with each other and share information. Commonwealth v. Privette, 2023 Mass. LEXIS 86 (Mar. 28, 2023):

Posted in Collective knowledge, State constitution | Comments Off on MA: Horizontal collective knowledge requires officers communicate with each other

S.D.Tex.: Exigency still remained for a second protective sweep of the premises

Enough exigency still remained for a second protective sweep of the premises. United States v. Beard, 2023 U.S. Dist. LEXIS 29007 (S.D. Tex. Feb. 22, 2023). Collective knowledge from another police department can be relied up to show probable cause. … Continue reading

Posted in Collective knowledge, Dog sniff, Emergency / exigency, Reasonable suspicion | Comments Off on S.D.Tex.: Exigency still remained for a second protective sweep of the premises

CA4: Terry stop is not necessarily custody for Miranda purposes

A Terry stop is not necessarily custody for Miranda purposes. They can be, but they focus on different questions. United States v. Leggette, 2023 U.S. App. LEXIS 521 n.5 (4th Cir. Jan. 10, 2023). Collective knowledge of the officers involved … Continue reading

Posted in Collective knowledge, Custody | Comments Off on CA4: Terry stop is not necessarily custody for Miranda purposes

FL4: Collective knowledge doctrine with anonymous or confidential sources requires passing details on to fellow officer

When the collective knowledge rule applies to information from an anonymous or confidential source, the officer using the information has to have actual knowledge of the factors supporting its reliability. Zarcadoolas v. Tony, 2023 Fla. App. LEXIS 26 n.3 (Fla. … Continue reading

Posted in Collective knowledge, Consent, Good faith exception, Ineffective assistance | Comments Off on FL4: Collective knowledge doctrine with anonymous or confidential sources requires passing details on to fellow officer

E.D.N.Y.: NYPD’s I-Card system when based on PC satisfies collective knowledge

NYPD issues what it calls an “I-Card” (“Activate Investigation Card”) which is supposed to be based on probable cause to believe a person committed a felony. With probable cause, the I-Card provides collective knowledge for an arrest. United States v. … Continue reading

Posted in Collective knowledge | Comments Off on E.D.N.Y.: NYPD’s I-Card system when based on PC satisfies collective knowledge

OH12: Dog alert on car and def’s person didn’t justify strip search

There was reasonable suspicion for and continuing defendant’s stop. A dog sniff was permitted. The dog’s alert, however, didn’t permit a strip search of defendant. It did permit a search of the person. State v. Owensby, 2022-Ohio-1702, 2022 Ohio App. … Continue reading

Posted in Collective knowledge, Dog sniff, Strip search | Comments Off on OH12: Dog alert on car and def’s person didn’t justify strip search

W.D.Ky.: Non-answers to questions added to RS

There was reasonable suspicion here from the officer’s observations and defendant’s non-answers to questions. United States v. Dunn, 2022 U.S. Dist. LEXIS 41610 (W.D.Ky. Mar. 9, 2022).* Not filing a motion to suppress here was not ineffective assistance. Defendant was … Continue reading

Posted in Collective knowledge, Ineffective assistance, Reasonable suspicion | Comments Off on W.D.Ky.: Non-answers to questions added to RS

D.Conn.: Collective knowledge doctrine requires passing on some of the “knowledge”

Another officer stopping the defendant under the collective knowledge doctrine at least has to be informed of what the “knowledge” is that warrants the stop. Without it, no reasonable suspicion. United States v. Roman, 2022 U.S. Dist. LEXIS 30416 (D.Conn. … Continue reading

Posted in Collective knowledge, Franks doctrine | Comments Off on D.Conn.: Collective knowledge doctrine requires passing on some of the “knowledge”

WV: Officer admitted prior testimony was erroneous; not incredible as a matter of law

The officer obtaining the search warrant here was found to have mistakenly testified in federal court that he did not personally present this warrant to the magistrate. Admission of that mistake was credited here that he did present the affidavit. … Continue reading

Posted in Collective knowledge, Reasonable suspicion, Standards of review | Comments Off on WV: Officer admitted prior testimony was erroneous; not incredible as a matter of law

CA2: SW for premises was particular despite claim part of it was multifamily

The search warrant application didn’t mention that the premises was actually a multifamily dwelling. It appeared not to be, and the IP information for a child pornography search warrant came back to that address as a whole. “Regardless of whether … Continue reading

Posted in Collective knowledge, Particularity, Scope of search | Comments Off on CA2: SW for premises was particular despite claim part of it was multifamily

NY4: Failure to ID source of information in affidavit for SW failed showing PC

“Here, the majority of the information provided in support of the warrant application was in an affidavit prepared by a detective, and that affidavit ‘does not “permit a reasonable inference that it was based upon [the detective]’s personal knowledge”’ .… … Continue reading

Posted in Collective knowledge, Informant hearsay, Probable cause, Standing | Comments Off on NY4: Failure to ID source of information in affidavit for SW failed showing PC

OH: Statute doesn’t change rule that felony arrest on PC doesn’t need an arrest warrant

The Fourth Amendment and Ohio Constitution permit felony arrests in public on probable cause without exigency. Statute doesn’t change that. State v. Jordan, 2021-Ohio-3922, 2021 Ohio LEXIS 2213 (Nov. 9, 2021). “Here, the collective knowledge of Troopers Schulz, Colindres, and … Continue reading

Posted in Arrest or entry on arrest, Collective knowledge, Probable cause | Comments Off on OH: Statute doesn’t change rule that felony arrest on PC doesn’t need an arrest warrant

N.D.Ill.: Officer watching video of street radioing officer on the street about seeing a gun was RS

A Chicago PD officer was watching the streets with surveillance cameras, and he observed defendant apparently with a firearm under his shirt. That report to others who conducted the frisk was collective knowledge for a stop [although that phrase isn’t … Continue reading

Posted in Border search, Collective knowledge, Inventory, Reasonable suspicion | Comments Off on N.D.Ill.: Officer watching video of street radioing officer on the street about seeing a gun was RS

CA9: Retired LEO as civilian employee qualified under collective knowledge

A retired LEO experienced in drug cases who was now a civilian employee of the department could here be included within the collective knowledge doctrine. United States v. McCoy, 2021 U.S. App. LEXIS 30364 (9th Cir. Oct. 12, 2021). Probable … Continue reading

Posted in Arrest or entry on arrest, Collective knowledge, Probable cause, Waiver | Comments Off on CA9: Retired LEO as civilian employee qualified under collective knowledge

OH1: Collective knowledge doesn’t require transmission of PC between officers

An undercover officer radioed a patrol officer to stop defendant for impeding traffic for blocking the street while talking car to car. When stopped, the patrol officer didn’t even know the reason for the stop nor where the offense occurred. … Continue reading

Posted in Cell phones, Collective knowledge | Comments Off on OH1: Collective knowledge doesn’t require transmission of PC between officers

CA1: Collective knowledge isn’t required of all officers, just those involved

Collective knowledge is not required of all the officers involved in the case, just the one with knowledge telling the one making the stop. Here there was reasonable suspicion for the stop. United States v. Cruz-Rivera, 19-1465 & 19-1509 (1st … Continue reading

Posted in Collective knowledge, Probable cause, Seizure | Comments Off on CA1: Collective knowledge isn’t required of all officers, just those involved

E.D.N.C.: The fact the search violated the state constitution isn’t a factor on legality of the search in federal case

In a federal criminal case, the fact the search violated the state constitution isn’t a factor on legality of the search under the Fourth Amendment. United States v. Breeden, 2021 U.S. Dist. LEXIS 145729 (E.D.N.C. Aug. 4, 2021). Various factors … Continue reading

Posted in Collective knowledge, Mail and packages, Reasonable suspicion, Reasonableness | Comments Off on E.D.N.C.: The fact the search violated the state constitution isn’t a factor on legality of the search in federal case

NY2: Collective knowledge requires proof of the knowledge

The state relied on the fellow officer rule. “Although there were references to eavesdropping warrants that had been obtained for the defendant’s and her codefendant’s phones, the People inexplicably failed to offer any evidence at the hearing to establish that … Continue reading

Posted in Collective knowledge, Ineffective assistance | Comments Off on NY2: Collective knowledge requires proof of the knowledge