Tag: Probable Cause

United States v. Lyles 4thCIR 14DEC2018

United States v. Lyles 4thCIR 14DEC2018

On a hunch that the defendant was involved in a homicide, the police searched through four trash bags at the curb of the defendant (Lyles) home.  The search revealed three marijuana stems and rolling papers as well as an envelope addressed to the defendant’s home.  Armed with this information, the officers sought and obtained a …

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United States v Polite 8thCIR 6DEC2018

United States v Polite 8thCIR 6DEC2018

It was a chilly Halloween night in Omaha, Nebraska when at about 2230 police in an unmarked car were monitoring an apartment parking lot at the request of the manager.  The apartment complex was known for narcotics, firearms, and even homicides.  The officers observed a group of about 20 people in the parking lot.  The …

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United States v Lopez-Zuniga 8thCIR 26NOV2018

United States v Lopez-Zuniga 8thCIR 26NOV2018

This case provides not one, but FOUR examples of warrants applications that are deficient in establishing probable cause and the resulting efforts to save the evidence.  The Eight Circuit held that the first two warrants were so lacking in indicia of probable cause that no reasonable officer could think probable cause was established and therefore …

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United States v Escobar 8thCIR 26NOV2018

United States v Escobar 8thCIR 26NOV2018

This 26-page decision reads like a short novel of drug trafficking by 13 people, five of whom were defendants in this case.  It involves numerous warrants and wiretap orders in a complex investigation lasting several months.  The reason I selected this case to include in this edition of the Blue Flash is because one of …

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United States v Zamudio 7thCIR 20NOV2018

United States v Zamudio 7thCIR 20NOV2018

This case is about whether probable cause existed in a warrant application.  The decision presents a great review of the law on establishing probable cause in the affidavit.  The District Court granted a motion to suppress holding the warrant application failed to provide direct evidence to establish that a evidence was linked to a particular …

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United States v Perry 8thCIR 15NOV2018

United States v Perry 8thCIR 15NOV2018

Someone calls 911 and reports “shots fired” and describes the shooter as a taller black male with a goatee wearing a white shirt and dark pants. A few blocks away, police see two black males with one appearing to have a goatee and dark pants and a white shirt. When they see the police, the …

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US v Pulido-Ayala 8th CIR (5JUN2018)

US v Pulido-Ayala 8th CIR (5JUN2018)

K9 Jampy was told to “find it” and immediately tugged at LEO towards open door. Jampy then went into the car and alerted. Held: Assuming for the sake of analysis that the dog’s entry into the vehicle was a “search” under the Fourth Amendment, we conclude on the facts here that the search was justified by probable …

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Manners v Cannella 11th CIR (4JUN2018)

Manners v Cannella 11th CIR (4JUN2018)

Plaintiff was arrested for failing to pull over immediately for Hollywood, Florida police officer. Plaintiff sued under 1983 action. Held: Because the officers had probable cause to arrest Manners and did not violate clearly established constitutional law during his arrest, the officers were entitled to qualified immunity from the civil rights claims. A finding of probable cause …

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The Case of the Ducky Deal

The Case of the Ducky Deal

BB2018-13  United States v. Flores (1st Circuit 25 April 2018) This is a case about a tip that turns into a warrantless arrest outside of the hotel in Brunswick Maine that evolves into a warrantless search of the hotel room followed by a warrant application and a subsequent search pursuant to the warrant. The Fourth …

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The Case of the Bus Blues

The Case of the Bus Blues

Bruce’s Brownbag Wednesday Webinar 2018-04 (31 JAN 2018) United States v Azor (First Circuit Jan 2018) Wiretap order information leads to traffic stop, automobile search, arrest, and search warrant application and execution.