NY Richmond Co.: PC without including protective sweep

“These facts alone, without taking the protective sweep into consideration, would have provided a magistrate with probable cause to issue a search warrant. A sworn statement of an identified member of the community attesting to facts directly and personally observed by him is in and of itself sufficient to support the issuance of a search warrant …. Here, the warrant is based upon statements and observations made by a named individual, and as such is sufficient to support the issuance of a search warrant.” People v. Henry, 2022 NY Slip Op 50483(U), 2022 N.Y. Misc. LEXIS 2517 (Richmond Co. June 2, 2022).*

The officer’s pistol-whip violated the detainee’s Fourth Amendment right to be free of excessive force where the detainee no longer posed an immediate threat of harm and he was not actively resisting arrest or trying to flee. Wade v. Daniels, 2022 U.S. App. LEXIS 16227 (11th Cir. June 13, 2022).*

“We therefore conclude that the circuit court did not err by ruling that the officer lacked reasonable suspicion to warrant the stop. We further conclude that, because the officer lacked reasonable suspicion, the circuit court properly ruled that the officer violated Part I, Article 19 of the State Constitution when he initiated the motor vehicle stop. Accordingly, we need not address whether the stop violated the Federal Constitution. … The exclusionary rule requires the suppression of any evidence obtained derivatively through a violation of Part I, Article 19 of the State Constitution, …. Although there are exceptions to the exclusionary rule …, the State does not argue that any such exceptions apply here. Accordingly, we conclude that the circuit court did not err by suppressing any evidence obtained as a result of the unlawful motor vehicle stop.” State v. Monegro-Diaz, 2022 N.H. LEXIS 71 (June 14, 2022).*