Category Archives: Informant hearsay

D.V.I.: Failure to put on proof at suppression hearing leads to show cause order to defense

Defendant filed a motion to suppress a statement and a search. At the hearing, however, the search wasn’t challenged. Defendant has to show cause why that part of the motion should not be denied. United States v. Henry, 2021 U.S. … Continue reading

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CA11: Not IAC to not challenge recording jail calls

Defense counsel wasn’t ineffective for not challenging recording jail calls [actually stated as a 2254(d) failure]. Garcia v. Sec’y, 2021 U.S. App. LEXIS 314 (11th Cir. Jan. 6, 2021).* The CSLI warrant was particular and not a general warrant, and … Continue reading

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W.D.Pa.: CI’s story was substantially corroborated to provide PC; controlled buys the clincher

The CI’s story was substantially corroborated to provide probable cause. “In this case, Frampton’s affidavit provides substantial information about the CI’s reliability, from which the issuing judge could have inferred probable cause. The affidavit recounted the reliability of the CI’s … Continue reading

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OH6: CI was identified and admitted his culpability and that bolstered PC

“The fact that Chad was an identified informant and that his statements acted as an admission of his own criminal activity bolstered his credibility. This when viewed collectively with the other three instances of drug activity set forth in the … Continue reading

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W.D.Ky.: Corroboration of CI’s unique details supported CI’s reliability

“Here, the corroboration of unique details about where and how Daniels conducted drug transactions buttresses CS #2’s tip. The investigative measures taken by Detective Troutman make it probable that the informant was being truthful and gained his knowledge through access … Continue reading

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MI: Ordering def out of his house for a misdemeanor arrest without showing of exigency unreasonable

Defendant’s arrest violated the Fourth Amendment because it was the product of an illegal constructive entry without any exigency that occurred when armed police officers surrounded his trailer and ordered the occupants out. They could not have arrested defendant for … Continue reading

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N.D.Ohio: Lack of CI’s track record can be overlooked with corroboration of the story

The CI’s track record wasn’t disclosed but the corrobation was. Probable cause was shown. “Here, Detective Shelton’s affidavit established probable cause. Shelton’s affidavit relayed the informant’s statement that Defendant Butts was manufacturing Fentanyl tablets using Drug Mart brand pain medication. … Continue reading

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NY3: CI showed PC; GPS warrant corroborated the CI

The CI appeared and testified to the probable cause. A separate search warrant for GPS tracking corroborated the CI. People v. Jackson, 2020 NY Slip Op 07251, 2020 N.Y. App. Div. LEXIS 7450 (3d Dept. Dec. 3, 2020). The CI … Continue reading

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D.Md.: Local officer assigned to federal task force is a “federal law enforcement officer” for Rule 41

A local officer assigned to an IRS task force is a “federal law enforcement officer” for Rule 41 to seek warrants. Defense counsel wasn’t ineffective for not making an unmeritorious argument. United States v. Jackson, 2020 U.S. Dist. LEXIS 223799 … Continue reading

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N.D.Ohio: Controlled buys leading to a SW doesn’t require open discovery of everything with the buys

Controlled buys leading to a search warrant don’t enable the defense to get discovery on nearly everything underlying the controlled buys. United States v. Arnold, 2020 U.S. Dist. LEXIS 213800 (N.D. Ohio Nov. 12, 2020):

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N.D.Ohio: Arrest during mayor’s civil unrest proclamation was unreasonable, and vehicle plain view suppressed

Defendant’s arrest under the Cleveland Mayor’s civil unrest proclamation was unreasonable, and the plain view was a result of the illegal arrest. United States v. Long, 2020 U.S. Dist. LEXIS 213676 (N.D. Ohio Nov. 16, 2020). Petitioner generally claimed the … Continue reading

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D.Mass.: Def accidentally lost his fanny pack in flight; court finds abandonment even though he didn’t intend it

The court finds defendant abandoned his fanny pack which he said was strapped over his chest and fell off during flight from the police. He testified he didn’t intentionally drop the fanny pack, and it must have slipped off while … Continue reading

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FL4: Police use of a flashlight isn’t itself a search

“R.F. appeals the denial of his motion to suppress physical evidence. Because we conclude appellant was not seized for Fourth Amendment purposes where the deputy used a spotlight and a flashlight to illuminate his approach of appellant, we affirm the … Continue reading

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PA: CSLI warrant was particular with phone number and time, without name of owner

CSLI warrant was particular when it described the phone number and time period and didn’t have to name the phone owner. Commonwealth v. Davis, 2020 Pa. Super. LEXIS 885 (Oct. 23, 2020). The officer spent a week corroborating the CI, … Continue reading

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N.D.Ala.: Def failed to prove he was an overnight guest with standing

Defendant lacked standing where he purported to be an overnight guest, but the host said no. United States v. Spencer, 2020 U.S. Dist. LEXIS 191102 (N.D. Ala. Sept. 4, 2020), adopted, 2020 U.S. Dist. LEXIS 190308 (N.D. Ala. Oct. 14, … Continue reading

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MT: Private actor recording conversation on own didn’t violate state constitution

The Montana Constitution’s more “robust protection from government intrusions” still only protects against state action. A private actor recording a conversation without impetus from the state was not unreasonable. State v. Wolfe, 2020 MT 260, 2020 Mont. LEXIS 2436 (Oct. … Continue reading

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