Category Archives: Informant hearsay

ID: Def left his own door open before the dog sniff; and sniff wasn’t otherwise unreasonable

Defendant got out of his car and left the door open, so it was already open when the dog sniff occurred. Opening the door was not a command. “We decline, however, to rule that an officer’s knock on a driver’s … Continue reading

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OH6: 3 controlled buys by 2 CIs was PC; no requirement of showing how they were arranged to happen

Three controlled buys by two CIs was probable cause. There was no showing required of how the drug deals were to be arranged. State v. Reed, 2020-Ohio-138, 2020 Ohio App. LEXIS 107 (6th Dist. Jan. 17, 2020).* There was probable … Continue reading

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D.S.D.: Cross corroboration of three CIs’ stories was PC

The cross corroboration of three CIs’ stories was probable cause. United States v. Wilford, 2020 U.S. Dist. LEXIS 6074 (D.S.D. Jan. 14, 2020). “The officers had probable cause to arrest Mancilla-Ibarra because Fann’s information was veritable, reliable, and corroborated.” The … Continue reading

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W.D.Ky.: Asking questions while writing out a warning ticket do not measurably extend a stop

Asking questions while writing out a warning ticket do not measurably extend a stop. United States v. Green, 2020 U.S. Dist. LEXIS 4421 (W.D. Ky. Jan. 10, 2020). Defendant’s arrest was valid, so his statement wasn’t fruit of the poisonous … Continue reading

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E.D.Pa.: Leaked existence of federal SW that had press there before the SW results in statutory damages award

Plaintiff sued the government because the IRS and FBI leaked to the media a search warrant for his premises and the media was there. He got $1000 in statutory damages. He filed an untimely motion to reopen based on alleged … Continue reading

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OH5: Knock-and-talk led to smell of MJ grow; entry for protective sweep before getting SW wasn’t unreasonable

Police came to do a knock-and-talk, and they could smell a marijuana grow from outside. They decided to do a protective sweep for people before they left to get a search warrant because they heard music from inside the home. … Continue reading

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CA2: Def showed no reason to be able to obtain identify of CI who led to SW

Defendant’s motion to disclose the CI in the affidavit for search warrant was properly denied because the CI provided nothing to the case on guilt or innocence. United States v. Swinton, 2019 U.S. App. LEXIS 38141 (2d Cir. Dec. 23, … Continue reading

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OH10: 911 call from ID’d person two men waving guns in a library is RS

911 call from an identified person that two men were waving guns in a library was reasonable suspicion. State v. Davidson, 2019-Ohio-5320, 2019 Ohio App. LEXIS 5399 (10th Dist. Dec. 24, 2019).* Defendant fails in his ineffectiveness claim. “Even assuming … Continue reading

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D.Mont.: Informant hearsay here was adequately corroborated to be found reliable

The informant hearsay here was sufficiently corroborated. “The affidavit provides sufficient grounds to assess the veracity and basis of knowledge of CS1’s information. Most of CS1’s information is based on personal observations of Goodman. Those observations, including Goodman’s involvement with … Continue reading

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CA9: There was PC for the warrant for the premises, and officers were not unreasonable in continuing the search for an hour when they learned their target didn’t live there

Officers got a search warrant for a mobile home, and found out when they executed it that their target didn’t live there. The search warrant was based on informant hearsay that was reliable enough for the search warrant to issue. … Continue reading

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D.Mont.: Using Western Union for money transfer creates no REP in WU’s records

Western Union’s production of money transfer records was a classic third-party record situation where there was no reasonable expectation of privacy. United States v. Escobedo, 2019 U.S. Dist. LEXIS 208067 (D. Mont. Dec. 2, 2019). Defendant’s inconsistent story about whether … Continue reading

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PA: Refusing to submit to BAC blood draw under SW supports obstruction of justice conviction

Refusal to submit to a blood draw search warrant for BAC supports a conviction for obstruction of justice. Commonwealth v. Palchanes, 2019 Pa. Super. LEXIS 1186 (Nov. 27, 2019). The CI’s basis of knowledge and reliability was adequately shown, and … Continue reading

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