Category Archives: Informant hearsay

CT: When two grounds are found to support the search, def on appeal has to challenge both

Defendant’s claim that the officers did not follow administrative regulations on conducting his parole search was moot where the trial court also found defendant consented to the search and he didn’t challenge consent. State v. Holley, 2017 Conn. App. LEXIS … Continue reading

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KS: CI’s tip insufficient; motion to suppress should have been granted

The alleged reasonable suspicion for extending defendant’s traffic stop was the CI’s information which is found insufficient. The state’s alternative basis of defendant’s alleged “jumpiness” was never presented to the trial court. There are no findings on that, it is … Continue reading

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W.D.Mo.: Observed drug deals with CI showed reliability and lack of staleness of information

A state court judge issued a tracking warrant for defendant’s car based on a heavily corroborated CI who did drug deals with the defendant while LEOs watched. This “shows that the confidential information was reliable and that the information was … Continue reading

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D.Guam: CI’s tale insufficiently reliable for PC for arrest

A named CI arrested at the airport gave up defendant. The court finds the CI’s tale insufficient for probable cause for arrest, and the arrest and its fruits are suppressed. United States v. Duenas, 2017 U.S. Dist. LEXIS 91480 (D. … Continue reading

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IN: Anonymous report of man with gun wouldn’t alone support frisk, but def fled

Police received an anonymous tip that a man matching defendant’s description had a gun in a bar. The officer arrived right after the call and saw defendant. Under state case law, that alone wasn’t enough for a frisk without more. … Continue reading

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LA2: UT blanket probation search condition applied to probationer transferred to LA

Defendant was on probation out of Utah and supervised in Louisiana. His PO received information that he might have child pornography on his cell phone. During a PO visit, he was told to get his cell phone and computer out … Continue reading

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WV: Def’s brother was the CI for a DUI stop

Defendant’s brother was the citizen informant who reported he was driving under the influence, and he was giving the police information by phone about where he was. The stop was with reasonable suspicion. State v. Wood, 2017 W. Va. LEXIS … Continue reading

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PA: A def’s “admission transmitted through an informant is only as reliable as its conduit is trustworthy”

“[A]n admission per se is inherently reliable evidence” sufficient to establish probable cause to arrest, but holding that “an admission transmitted through an informant is only as reliable as its conduit is trustworthy.” Commonwealth v. Stokes, 480 Pa. 38, 389 … Continue reading

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N.D.Ala.: Telling officer he could “check it” after request for consent is consent

The stop was on a city street, and defendant said the officer could “check it” when asked for consent. He was free to go [if he was willing to walk off from his car] when he consented. United States v. … Continue reading

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E.D.Tenn.: Video showed clear consent and contradicted def’s testimony

Defendant consented to the search of her purse. The video clearly shows that, and it contradicts the defendant’s testimony. United States v. West, 2017 U.S. Dist. LEXIS 58892 (E.D. Tenn. Jan. 6, 2017),* adopted, 2017 U.S. Dist. LEXIS 58672 (E.D. … Continue reading

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