Stopping the wrong guy wasn\u2019t unreasonable here. \u201cThe Court finds that the officers reasonably mistook Defendant for Mr. Pacheco. Defendant not only matched Mr. Pacheco’s description, but the officers also witnessed Defendant leaving an apartment Mr. Pacheco was known to frequent. \u2018[S]ufficient probability, not certainty, is the touchstone of reasonableness under the Fourth Amendment and on the record before [the Court] the officers’ mistake was understandable and the arrest a reasonable response to the situation facing them at the time.\u2019 Hill, 401 U.S. at 804. Defendant’s Motion to Suppress [Doc. 26] is DENIED.\u201d United States v. Rivera, 2019 U.S. Dist. LEXIS 216792 (D.N.M. Dec. 16, 2019).<\/p>\n
The officer related the contents of video surveillance and kind of used a poor choice of a word or two. \u201cWhen viewing the totality of the circumstances, the Detective’s interpretation of the video was a reasonable understanding of what he believed the facts to be. This reasonable understanding eliminates the possibility of a reckless falsehood.\u201d In addition, it wasn\u2019t material. United States v. Tate, 2019 U.S. Dist. LEXIS 216538 (N.D. Ohio Dec. 17, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Stopping the wrong guy wasn\u2019t unreasonable here. \u201cThe Court finds that the officers reasonably mistook Defendant for Mr. Pacheco. Defendant not only matched Mr. Pacheco’s description, but the officers also witnessed Defendant leaving an apartment Mr. Pacheco was known to … Continue reading