Category Archives: Informant hearsay

IL: Franks falsity applies to the officer, not the CI; also, the CI testified before the issuing magistrate, and that bolsters credibility

“The deliberate falsity or reckless disregard of the truth applies only to the affiant—here, Officer Ramirez—and not to any nongovernmental informant like Rodriguez. … What is more, we note that both Officer Ramirez and Rodriguez appeared before the issuing judge, … Continue reading

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E.D.N.Y.: Def objection to new saliva sample by SW denied

Defendant pro se opposed the taking of a new saliva sample. For some reason, the government applied for and obtained a new warrant for saliva having determined that the prior sample was too old or insufficient. The taking of the … Continue reading

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E.D.Pa.: Citizen informant pointing out def face-to-face presumptively reliable

A citizen informant pointing out defendant as having a gun, right in front of him, is entitled to presumptive credibility because she exposed her knowledge to defendant and risked retaliation. United States v. Slone, 2017 U.S. Dist. LEXIS 38515 (E.D. … Continue reading

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S.D.Fla.: Pictures on def’s Instagram account corroborated CIs

Defendant’s Instagram pages allowed agents to see photographs of firearms and bottles of promethazine with codeine (“molly”) and marijuana. Defendant was already a suspected molly distributor with two prior cocaine convictions, and that substantially helped show probable cause for a … Continue reading

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D.Minn.: Not subpoenaing drug dog’s records not shown to be IAC for lack of prejudice

Defense counsel not subpoenaing the drug dog’s records wasn’t prejudicial where defendant can’t show that the drug dog’s use would be disallowed in the case. “There is no reason to believe that any additional information would have altered the probable … Continue reading

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D.Nev.: No RS for patdown; result of patdown and car search excised from SW affidavit and remainder lacks PC because informant uncorroborated

Defendant was stopped for speeding in a residential area, and he could be ordered out of the vehicle. His patdown, however, was unreasonable because there was no reasonable suspicion for it either by his word or actions or bulges in … Continue reading

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PA: SW for house permitted search of guest’s pants that were on floor when the police arrived

Police came with a drug search warrant into the house of another where defendant was sleeping with a woman, and told him to get up. He reached for his nearby pants, and they took them and searched them finding his … Continue reading

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NY4: State didn’t prove stop justified for consent given in an interview room 4½ hrs later

At the suppression hearing from this 2001 stop, defendant consented in an interview room 4½ hrs after the stop to an officer who had nothing to do with the stop. The state didn’t prove the consent by failing to call … Continue reading

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W.D.La.: Deciding against def after remand on suppression motion on different ground didn’t violate mandate

On remand from reversal of denial of defendant’s suppression motion, the court analyzed the evidence anew, albeit from a different perspective, and it denies the motion to suppress on different grounds. This does not violate the Fifth Circuit’s mandate. Defendant … Continue reading

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MA: Anonymous tip only corroborated on obvious details not sufficient

The state failed to corroborate at all the basis of knowledge or reliability of the anonymous source. The described car showing up at the appointed time isn’t enough. Commonwealth v. Pinto, 2017 Mass. LEXIS 21 (Jan. 23, 2017):

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