Category Archives: Informant hearsay

E.D.Tenn.: CI on the controlled buy wasn’t an “active participant” in the crime

The CI’s participation in the controlled buy that led to a search warrant doesn’t make the CI an “active participant” in the crime where that’s only the basis for issuance of the warrant and it’s not a separate charge. United … Continue reading

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PA: GPS tracker and audio recorder worn by CI for safety reasons not prohibited by Jones or 4A

The CI had a recorder and GPS tracking device placed on him for his safety while he was riding with the defendant. This is not a “tracking device” under state statute or Jones because it wasn’t planted on defendant’s property, … Continue reading

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Cal.: Jailhouse writings could be seized with SW to prove def’s competence at trial

A search warrant was executed on defendant’s jail cell on the eve of trial and produced writings that refuted defendant’s claim of incompetence to understand the proceedings. They were admissible. People v. Buenrostro, 2018 Cal. LEXIS 9384 (Dec. 3, 2018).* … Continue reading

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IN: Female CI doing a controlled buy is allegedly digitally penetrated by def looking for recorder, and he’s charged with rape

No search issue here; just a cautionary tale for police: A female CI came in for a controlled buy on defendant. He feared she was wired and made her strip to her underwear, and she did. Then he told her … Continue reading

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N.D.Cal.: SW to Skype produced no verifiable information ptf was account user; no PC for a SW based on that information

A search warrant to Skype that produced vague information about its account holder that essentially could have been anyone because there was no verification by Skype was insufficient to show probable cause, and plaintiffs get summary judgment on that question. … Continue reading

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D.N.M.: Failure to mention the CI’s criminal history is less important when the affidavit shows extensive corroboration

Failure to mention the CI’s criminal history is less important when the affidavit shows extensive corroboration. The Franks challenge fails. United States v. Martinez, 2018 U.S. Dist. LEXIS 192181 (D. N.M. Nov. 9, 2018). Defendant had standing to challenge the … Continue reading

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S.D.N.Y.: Emails from CIs provided PC, and the SW was limited to categories of information

A CI gave emails to government investigators about health care fraud. They and other information provided probable cause for more emails. The warrants were particularized by being limited to eight categories. United States v. Mathieu, 2018 U.S. Dist. LEXIS 192281 … Continue reading

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CA8: Means and opportunity to commit bank robbery and carjacking in flight was PC

Defendant’s means and opportunity to commit this bank robbery and carjacking in flight was probable cause. Video showing him at a motel was nexus to his room. United States v. Evans, 2018 U.S. App. LEXIS 31326 (8th Cir. Nov. 6, … Continue reading

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N.D.Ohio: Thermal imaging SW was based on probable cause because CI corroborated

“The Chardon Municipal Court Judge had a substantial basis for concluding that probable cause existed in issuing the warrant for a thermal image search of 7071 Ledge. The Government must obtain a search warrant before use of thermal imaging equipment … Continue reading

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W.D.Ky.: Rodriguez doesn’t start to apply until the stop occurs

Defendant was surveilled in a funeral home at a funeral, and he was stopped later. Rodriguez does not apply before the stop actually occurred. United States v. Thompson, 2018 U.S. Dist. LEXIS 185267 (W.D. Ky. Oct. 30, 2018). “Such specific … Continue reading

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W.D.N.Y.: Controlled buys corroborate CI

The CI wasn’t supported by past history, but was by controlled buys. United States v. Williams, 2018 U.S. Dist. LEXIS 180895 (W.D. N.Y. Oct. 23, 2018). “Finally, the affidavit articulated a reasonable nexus between the place to be searched (the … Continue reading

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CA10: Body camera video showed consent, and it was a far more congenial sounding conversation than the transcript read

The body camera video shows defendant’s mother consented to the search of the premises, and it is noticeably less allegedly coercive sounding than the transcript. United States v. Morris, 2018 U.S. App. LEXIS 29830 (10th Cir. Oct. 23, 2018). The … Continue reading

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