“Colorado State Patrol (‘CSP’) Trooper Christian Bollen had a hunch, and then another hunch, and then another hunch. And he acted on those hunches, despite a circumstance directly undermining them.” “An officer’s hunch is insufficient to establish reasonable suspicion to believe criminal activity may be afoot, United States v. Arvizu, 534 U.S. 266, 273-74 (2002), and reasonable suspicion is a less demanding standard than probable cause, Illinois v. Wardlow, 528 U.S. 119, 123 (2000). Because probable cause is measured against an objective standard of reasonableness, it cannot be established ‘simply by piling hunch upon hunch.’ Valenzuela, 365 F.3d at 897.” The search of defendant’s car lacked probable cause. People v. Smith, 2022 CO 38, 2022 Colo. LEXIS 622 (June 27, 2022).
A cut and paste error in the search warrant papers was still in good faith. State v. Morton, 2022 Tenn. Crim. App. LEXIS 288 (June 27, 2022) (litigated as a prosecutorial misconduct claim).
Defense counsel wasn’t ineffective for not filing a motion because the search was reasonable. State v. White, 2022-Ohio-2182, 2022 Ohio App. LEXIS 2060 (12th Dist. June 27, 2022).*