· 3/30/1993
United States v. Kevin Mendonsa
Citations
- 989 F.2d 366
- 93 Daily Journal DAR 3958
- 93 Cal. Daily Op. Serv. 2338
- 1993 U.S. App. LEXIS 6333
- 1993 WL 88369
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding mere confirmation of “innocent static details” provided by a tipster about where an individual lived does not provide information about suspected criminal activity
- finding no probable cause when an informant without a track record provided an uncorroborated tip that the defendant was selling drugs in his home
- “A refusal to reply to an officer’s order to ‘open up’ can be implied from silence.”
- “The fact that a suspect lives at a particular location or drives a particular car does not provide any indication of criminal activity.”
- affiant failed to mention he had seen no suspicious activity at searched house in a week-long pre-search surveillance
- defendant's prior state criminal conviction for armed robbery insufficient to justify officers' breaking down of defendant's front door; forced entry requires \more specific inferences of exigency\ than the \mild exigency\ standard required for non-destructive entry
Source: CourtListener parenthetical corpus (CC0).
Judges: Wright, Hug, Poole
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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