Category Archives: Collective knowledge

WA: Prior knowledge of arrest warrant became stale

Stale information that a warrant existed for defendant was not probable cause when the warrant had been recalled, and no one checked the day of the arrest. State v. Pines, 2021 Wash. App. LEXIS 1160 (May 10, 2021). Subpoenas to … Continue reading

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KS: 24 minute wait for drug dog with RS wasn’t unreasonable

A wait of 24 minutes for the drug dog to arrive after reasonable suspicion developed was reasonable and not excessive. State v. Arrizabalaga, 2021 Kan. LEXIS 50 (Apr. 30, 2021). The Border Patrol request to local police to stop defendant … Continue reading

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WI: Burning mj in a house is exigency of evidence being destroyed by burning

The smell of burning marijuana is exigent circumstances because the contraband is being destroyed by burning. State v. B.W.R., 2021 Wisc. App. LEXIS 201 (Apr. 28, 2021) (unpublished). Under Birchfield, “An increased penalty for the warrantless blood draw refusal revocation … Continue reading

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WV: Emergency order of protection was not functional equivalent of SW for entry into home

Officers with an emergency order of protection used it to enter defendant’s house and seize firearms. The protections of the Fourth Amendment and the state constitution are greater. The order was not, then, the functional equivalent of a warrant, and … Continue reading

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S.D.W.Va.: Single question about possession of firearm reasonable under Rodriguez

Defendant was stopped for riding a bicycle with no helmet. The single question about possessing firearms didn’t unreasonably extend the stop. “Because the question asked here, whether Defendant had any firearms, is perhaps the most basic of inquiries related to … Continue reading

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LA1: Failure to include SW materials in record requires affirmance

Failure to include all the search warrant materials in the appellate record requires affirmance of that sole issue on appeal. “Relator failed to include copies of documents that would assist with addressing his complaint including the motion to suppress, the … Continue reading

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N.D.Ohio: Impoundment under SOP was reasonable even though owner was present

Impoundment of defendant’s vehicle was reasonable and under standardized procedure, even though he was present. “I conclude Directive 406.3/2.3.4 was a reasonable standardized procedure. The officers’ decision to enforce Directive 406.2/2.3.4 and impound the vehicle, even though the lawful owner … Continue reading

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D.Colo.: Failure to call the officers with enough information to show collective knowledge as witnesses made govt fail in its burden of proof

The government failed to prove collective knowledge at the hearing on the motion to suppress. A critical witness to collective knowledge wasn’t called. United States v. De La Rosa-Calderon, 2021 U.S. Dist. LEXIS 3378 (D. Colo. Jan. 7, 2021):

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CA5: Independent RS obviated govt’s reliance on collective knowledge

“First, we need not address the collective-knowledge doctrine. The police officer who initiated the traffic stop developed reasonable suspicion of a straw purchase through his own questioning and discovery of the firearm in Perez’s trunk after Perez lied about having … Continue reading

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E.D.Ky.: Standing established by def’s own recorded jail call

A jail call showed defendant’s standing that he lived in the house where the search occurred. The entry to arrest him on an arrest warrant led to a valid plain view. United States v. Essex, 2020 U.S. Dist. LEXIS 238989 … Continue reading

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OH5: For collective knowledge, state needs to call all officers involved

Defendant prevails on his claim the state failed to show collective knowledge. Only one officer testified at the suppression hearing, and nothing showed what the reporting officer knew. State v. Chattoo, 2020-Ohio-6800, 2020 Ohio App. LEXIS 4635 (5th Dist. Dec. … Continue reading

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OH1: Specific BOLO of being involved in shooting justified stop

A specific BOLO for a vehicle alleged to be involved in a shooting led to defendant’s stop with reasonable suspicion. Probable cause then developed. State v. Houston, 2020-Ohio-5421, 2020 Ohio App. LEXIS 4301 (1st Dist. Nov. 25, 2020). “In his … Continue reading

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TX9: Mandamus doesn’t lie to avoid a search warrant before it’s executed

The target of a search warrant sought to avoid the search by a writ of mandamus, which is denied for lack of a right to a clear duty on the respondent’s part. In re Matula, 2020 Tex. App. LEXIS 9239 … Continue reading

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S.D.Ohio: Collective knowledge applies to traffic stops

The collective knowledge doctrine applies to traffic stops. United States v. Murray, 2020 U.S. Dist. LEXIS 111040 (S.D. Ohio June 24, 2020). “Applying this [deferential] standard of review to the warrant application, the Court has reviewed the application and finds … Continue reading

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D.Minn.: Collective knowledge doctrine doesn’t require affiant officer to independently corroborate

The affidavit for the search warrant here was adequate to show nexus and probable cause for a search. The reliance on other officers’ information didn’t require this officer to independently corroborate it. United States v. Velazquez, 2020 U.S. Dist. LEXIS … Continue reading

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PR: Collective knowledge doctrine doesn’t require every officer to know everything

The collective knowledge doctrine doesn’t require every officer to know everything. Pueblo  v. Jiméne, 2020 PR App. LEXIS 278 (P.R. App. Jan. 30, 2020). (That, of course, is evident from the word “collective.”). A year typo in the affidavit’s narrative … Continue reading

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E.D.Tenn.: Collective knowledge doesn’t require the stopping officer even know about it

“‘[W]e impute collective knowledge among multiple law enforcement agencies, even when the evidence demonstrates that the responding officer was wholly unaware’ of the specific relevant facts. (Doc. 194, at 24 (quoting United States v. Lyons, 687 F.3d 754, 766 (6th … Continue reading

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CA7: Ptf’s suit for arrest for possession and obstruction was barred by arguable PC

Plaintiff was arrested for possession of cocaine and obstructing justice when he allegedly swallowed the baggie of drugs. He was taken to a hospital and drank charcoal and other liquids to pass it and he was x-rayed. Nothing was recovered. … Continue reading

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CA6: Without RS, two officers get no QI, but another acting at their request does

Three officers were involved in defendant’s stop. Two were involved in the decision to stop, but, based on the factual dispute in the record, they do not get qualified immunity on the decision to make the stop. The third officer, … Continue reading

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OH12: Probation and its search condition doesn’t end with probationer’s arrest; house could be searched later

Defendant’s girlfriend was on probation, and she thus “consented” in advance to searches. She confessed during a probation visit that she used drugs, and they arrested her and then searched her and defendant’s place based on her probation search condition. … Continue reading

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