D.Minn.: Lindell SW affidavit remains under seal to protect investigation

In the Lindell cell phone search warrant case, the media seeks access to the affidavit. The government has established that, despite the vast public interest, the affidavit should remain sealed while the investigation progresses. In re Search Warrant, 2022 U.S. Dist. LEXIS 211811 (D. Minn. Nov. 22, 2022).*

When defendant was gotten out of his vehicle after a traffic stop, the officer saw an open half full malt liquor container. That was reasonable suspicion for more. The officer asked for consent to use a drug dog for a sniff which the driver rejected. There was reasonable suspicion at that point anyway. United States v. Moore, 2022 U.S. Dist. LEXIS 210577 (D. Neb. Oct. 24, 2022).*

Reasonable suspicion developed on the totality during the stop. The officer had detailed information from a CI which was corroborated before and during the stop. Defendant was also unusually nervous, the LPN on the car didn’t belong to it, and he couldn’t or wouldn’t name his passenger. United States v. Albriza, 2022 U.S. App. LEXIS 32231 (11th Cir. Nov. 22, 2022).*

“[T]hus, no Fourth Amendment harm is done where the officer asks the occupant of a vehicle questions that are unrelated to his reason for stopping the vehicle while waiting for routine computer checks to be processed.” United States v. Rocha Navarez, 2022 U.S. Dist. LEXIS 211500 (W.D. La. Oct. 12, 2022),* adopted, 2022 U.S. Dist. LEXIS 209731 (W.D. La., Nov. 17, 2022).*

This entry was posted in Reasonable suspicion, Reasonableness, Warrant papers. Bookmark the permalink.

Comments are closed.