Category Archives: Collective knowledge

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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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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

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OH12: Search of wallet in patdown unreasonable

Defendant’s patdown produced a wallet, and search of the ID inside exceeded its proper scope. State v. Maffey, 2021-Ohio-2460, 2021 Ohio App. LEXIS 2423 (12th Dist. July 19, 2021) This excessive force case for use of force during an arrest … Continue reading

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E.D.N.Y.: Any RS was dispelled before stop

The officer may have had reasonable suspicion as he approached the defendant, but, as he got closer, suspicion was dispelled. No reasonable suspicion for the stop. Motion to suppress granted. United States v. Chavous, 2021 U.S. Dist. LEXIS 131326 (E.D. … Continue reading

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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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