E.D.Mich.: Ordering passenger from car in an uneventful traffic stop required RS; his assault on officer was intervening act

The traffic stop was uneventful at first, and the driver provided all the information and papers necessary. After that, the officers focused on the passenger and ordered him from the car, but that required reasonable suspicion. His assault of the officer was an intervening act and the motion to suppress is denied. United States v. Johnson, 2024 U.S. Dist. LEXIS 196460 (E.D. Mich. Oct. 29, 2024).

Petitioner’s plea of guilty waived his Fourth Amendment claim for habeas. Lee v. United States, 2024 U.S. Dist. LEXIS 196377 (E.D. Tenn. Oct. 29, 2024).*

The CI gave sufficient information to show probable cause for defendant’s stop and the search of his vehicle, so the dog alert is a moot point. United States v. Roberson, 2024 U.S. Dist. LEXIS 196479 (E.D. Mich. Oct. 29, 2024).*

Because the affidavit for warrant referred to the CI’s cooperation “approximately six times” it’s not misleading because it could have been less than six times. United States v. Roberson, 2024 U.S. Dist. LEXIS 196479 (E.D. Mich. Oct. 29, 2024).*

This entry was posted in Attenuation, Dog sniff, Informant hearsay, Probable cause, Waiver. Bookmark the permalink.

Comments are closed.