Category Archives: Informant hearsay

NE: Having only key to rented car glovebox and not to car itself didn’t give standing

Having a key to the glovebox of a rented car, but not to the car itself, was not a sufficient reasonable expectation of privacy in the rented car to have standing. Defendant couldn’t get into the car without somebody else … Continue reading

Posted in Cell phones, Informant hearsay, Standing | Comments Off

OR: CI privilege doesn’t require production of CI for in camera review if there is PC

While “Defendant does not challenge the trial court’s further determination that the affidavit contained sufficient information to establish the CI’s reliability and credibility,” he faults the trial court for not having the CI produced for in camera review. The identity … Continue reading

Posted in Informant hearsay, Protective sweep | Comments Off

W.D.Mo.: Shrugging shoulders in response to a question was consent

The court finds defendant consented to a search of his bag on a bus by a shrug of his shoulders. United States v. Salas-Lopez, 2017 U.S. Dist. LEXIS 212709 (W.D. Mo. Nov. 16, 2017), adopted, 2017 U.S. Dist. LEXIS 212286 … Continue reading

Posted in Consent, Informant hearsay, Particularity | Comments Off

OH5: Working meth lab is exigency

Defendant was initially stopped with information from a CI amounting to reasonable suspicion that he was purchasing precursors and ingredients to manufacture methamphetamine. When the police got to his house, it was apparent there was a working meth lab, and … Continue reading

Posted in Emergency / exigency, Informant hearsay | Comments Off

NY4: Officer had RS for encounter that def fled from and hid object under leaves in flight

The officer had reasonable suspicion for an encounter and defendant fled from him, hiding an object under leaves in flight which was abandonment. People v. Thacker, 2017 NY Slip Op 09081, 2017 N.Y. App. Div. LEXIS 9104 (4th Dept. Dec. … Continue reading

Posted in Informant hearsay, Reasonable suspicion | Comments Off

S.D.Ind.: SI of duffle bag at feet of handcuffed suspect reasonable when he wouldn’t answer questions about having gun

Search incident of defendant’s duffle bag was reasonable because, while handcuffed, his hands were relatively mobile around his waist and he refused to answer questions about whether he had a gun. United States v. Veach, 2017 U.S. Dist. LEXIS 209971 … Continue reading

Posted in Informant hearsay, Search incident | Comments Off

D.Minn.: Search of house for drug trafficking revealed a surveillance system and DVR; it was reasonable to conclude evidence of trafficking would be on it too for a separate SW

When executing a search warrant for drugs and guns, founded on a strong showing of probable cause, and the police finding pounds of methamphetamine and multiple firearms, discovery of surveillance cameras and a DVR not connected to a satellite or … Continue reading

Posted in Computer searches, Informant hearsay, Nexus | Comments Off

PA: Anonymous tip man on specific bus was armed was insufficient for stop and frisk of def

An anonymous tip that a man on a specific bus was carrying a gun was insufficient to stop and frisk the defendant. When the officer drew a gun on him he was detained, and his subsequent actions could not be … Continue reading

Posted in Informant hearsay, Reasonable suspicion, Stop and frisk | Comments Off

CA3: Frisk was justified by RS and plain feel of drugs resulted

The officer had reasonable suspicion to frisk defendant, and the drugs in his pocket were discovered by plain feel. United States v. Graves, 2017 U.S. App. LEXIS 25157 (3d Cir. Dec. 13, 2017). Smell of marijuana during a traffic stop … Continue reading

Posted in Informant hearsay, Plain view, feel, smell | Comments Off

Cal.6th: Citizen informant’s report def matched a BOLO of a sex offender justified talking to him, and his probation search condition justified search

A San Jose bus driver thought that a passenger on a bus was a person there was a BOLO out on for having committed a lewd act on a child on a bus that was captured on the bus video. … Continue reading

Posted in Informant hearsay, Probation / Parole search | Comments Off

D.Md.: Nexus shown by def’s car driven to drug deal was registered at his house and he left there to do the deal

Defendant was alleged to have left the address his car was registered at to go to a controlled buy. That showed nexus to the house. United States v. Goldsberry, 2017 U.S. Dist. LEXIS 199446 (D. Md. Dec. 4, 2017). Defendant … Continue reading

Posted in Informant hearsay, Nexus | Comments Off

N.D.Ind.: CI “working off” his own case is not inherently unbelievable because he needs substantial assistance for a 5K1.1

A CI “working off” his own case is not inherently unbelievable. If anything, such a CI has an incentive to be truthful because, if he’s not, he could lose a USSG § 5K1.1 reduction for not substantially assisting the government. … Continue reading

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