M.D.Ala.: Saying police couldn’t search when it hadn’t yet come up was part of PC on totality

Defendant was stopped for an LPN that didn’t match the vehicle. Defendant’s name came back as having 20 felonies, and the officer recognized him from arresting him for drugs two weeks earlier. Before any officer mentioned searching the vehicle, defendant said there was no probable cause for a search. All this added up to probable cause on the totality. United States v. Sellers, 2022 U.S. Dist. LEXIS 129416 (M.D. Ala. July 21, 2022).*

The search warrant was issued with probable cause, so the good faith question doesn’t even need to be reached. United States v. Gamble, 2022 U.S. Dist. LEXIS 129296 (W.D. Pa. July 21, 2022).*

Defendant’s stop was reasonable. He matched the description of a burglary suspect, and he was walking down the street smoking a joint. When stopped, he admitted he had a gun. United States v. Jones, 2022 U.S. Dist. LEXIS 129262 (S.D.N.Y. July 20, 2022).*

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