7 results for 'cat:"Robbery" AND cat:"Search"'.
J. Larsen finds the trial court properly denied defendant's motion to suppress evidence during his robbery trial. While the Tennessee traffic law regarding left-hand turns from a multi-lane intersection is subject to multiple interpretations, the police officer's belief a driver cannot cross lanes during a turn was reasonable and gave him probable cause to initiate the traffic stop of defendant. Furthermore, the trial court did not "double count" one of defendant's firearm convictions for sentencing purposes and its factfinding established a proper base sentencing level, while three firearms enhancements were properly applied because they involved the quantity and stolen nature of the weapons, not defendant's mere possession. Affirmed.
Court: 6th Circuit, Judge: Larsen, Filed On: March 12, 2024, Case #: 22-5746, Categories: robbery, search, Sentencing
J. Batchelder finds the trial court properly denied defendant's motion to suppress the purchase history obtained from Walmart by FBI agents during his trial for bank robbery. Although the agents did not have a search warrant, defendant did not have an expectation of privacy, given he bought the rain poncho and manila envelopes in a public store with a pay app that disclosed his name, address and payment information. Furthermore, the trial court properly refused to suppress results of a search of defendant's vehicle. Law enforcement was not required to obtain a search warrant before they seized and conducted the search, as defendant used his car in the commission of the crimes and was seen leaving Walmart. Affirmed.
Court: 6th Circuit, Judge: Batchelder, Filed On: February 8, 2024, Case #: 23-5126, Categories: Evidence, robbery, search
J. Dillard finds that the trial court properly granted defendant's third amended motion to suppress evidence found during a police search of a home which led to defendant's arrest for armed robbery, aggravated assault and a firearm offense. The trial court correctly found that defendant had standing to challenge the validity of the search warrant because he was a regular overnight guest at the home. Defendant had been staying at the home in the days before the search warrant was executed and had clothes and personal items with him. Affirmed.
Court: Georgia Court of Appeals, Judge: Dillard, Filed On: January 30, 2024, Case #: A23A1728, Categories: Evidence, robbery, search
J. Hyman finds that the lower court finds that the lower court improperly convicted defendant of armed robbery, after police stopped a man walking in the vicinity of the crime simply because he was Black and sweating, like he had been running recently. With absolutely no physical description of the suspect, the officer lacked reasonable suspicion to stop a man solely because he was sweating on a warm evening. Reversed.
Court: Illinois Appellate Court, Judge: Hyman, Filed On: September 15, 2023, Case #: 151965-B, Categories: robbery, search
J. Wilson finds that the lower court improperly granted defendant's motion to suppress his confessions to two different robberies based on the fact that the arresting officer was outside his jurisdiction. There is no Fourth Amendment violation if the arresting officer has probable cause for the warrantless arrest, even when the felony was not committed in the arresting officer's presence. Reversed.
Court: Missouri Supreme Court, Judge: Wilson, Filed On: June 26, 2023, Case #: SC99886, Categories: Constitution, robbery, search
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J. Warren finds that the trial court properly convicted defendant of murder based on armed robbery and a firearm offense. Sufficient evidence was presented at trial to support defendant's murder conviction, including evidence that allowed the jury to infer that defendant shared with two co-conspirators a common criminal intent to rob the victim. The trial court correctly denied defendant's pretrial motions to suppress phone data, phone record and geolocation evidence derived from the execution of three search warrants and evidence found due to the execution of a search warrant on his home. The warrants were not overly broad and there was probable cause to support them. Affirmed.
Court: Georgia Supreme Court, Judge: Warren, Filed On: May 31, 2023, Case #: S23A0276, Categories: Murder, robbery, search
J. Phipps finds that the trial court properly granted defendant's motion to suppress evidence found during a warrantless search of his phone. Defendant was charged with armed robbery, aggravated battery, aggravated assault, violations of the Street Gang Terrorism and Prevention Act and firearm offenses. The state admitted that the warrantless search in 2020 was improper and obtained a warrant two years later to download the same data from the phone a second time. The evidence is not admissible under the independent source doctrine because the state failed to show any separate source or evidence that did not exist in 2020 to serve as the lawful basis to use a warrant after-the-fact to justify the earlier search. Affirmed.
Court: Georgia Court of Appeals, Judge: Phipps, Filed On: May 30, 2023, Case #: A23A0177, Categories: robbery, search, Gangs