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Tag Archives: Probable Cause

Civil Rights – Constitutional – Fourth Amendment – Malicious Prosecution – Arrest Warrants — Probable Cause (access required)

Williams v. Sims Although the solicitor’s office dismissed the charges against plaintiff without prejudice and returned the case to the sheriff’s office for further investigation, plaintiff has not shown that the defendant-deputy lacked probable cause to seek arrest warrants for him.

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Criminal Practice – Felony DUI – Video Requirement – Hospitalized Defendant – Blood Test – Probable Cause (access required)

State v. Manning Since defendant had already been taken to the hospital before the investigating officer arrived at the incident scene, it was physically impossible for the officer to produce a video recording of defendant at the incident scene. Despite the state’s failure to produce an affidavit to this effect, a video recording was not required because the officer was investigating a traffic accident and defendant was arrested at the hospital.

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Civil Rights – Search & Seizure – Arrest – Probable Cause (access required)

Trapp v. Tolbert One of the perpetrators of a home invasion, Jermaine Belton, identified plaintiff as the other home invader. Although Belton changed his story at defendant’s trial, Belton’s new version of events runs counter not only to his statement to law enforcement but also to his pleading guilty under oath and affirming plaintiff’s participation in the crime.

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Criminal Practice – Search & Seizure – Probable Cause — Traffic Stop – Visual Speed Estimate — Insufficient (access required)

U.S. v. Sowards A deputy’s visual estimate of a driver’s speed – uncorroborated by radar or pacing and unsupported by any other indicia of reliability – did not provide probable cause to stop the driver for driving 75 in a 70-mph zone, and the 4th Circuit says the district court erred in denying defendant’s motion to suppress cocaine discovered in the car after the traffic stop.

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Civil Rights – Constitutional — Search & Seizure – Probable Cause — Refusal of Consent – Eleventh Amendment Immunity (access required)

White v. Boone A reasonable officer would have known that plaintiff’s refusal to consent to a search did not give the officer probable cause for a search warrant. Defendants’ motion for summary judgment is granted as to defendant Boone in his individual and official capacities, granted as to defendant Cox in his official capacity, and denied as to defendant Cox on his individual capacity.

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