Category Archives: Informant hearsay

W.D.Pa.: CSLI warrant based on CI’s statement was with PC

The CSLI warrant here was based on probable cause from a CI. “In sum, the Affidavit was not required to contain a statement regarding the confidential informant’s reliability and its absence is not dispositive of the reliability determination or the … Continue reading

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CA8: Def consented by his admissions on two recordings and rejecting expert witness saying consent form was forged

The district court’s findings of consent were supported by the evidence. Defendant provided a claimed expert witness that testified that the signature on the consent form appeared to be forged. The government’s cross examination attacked the witness’s methodology and qualifications, … Continue reading

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TN: Conclusory statement from CI defs had drugs and unsuccessful controlled buy was neither PC for warrant nor RS for probation search

The trial court properly granted defendants’ motion to suppress evidence seized as a result of a warrantless search of their house. The information possessed by the officers at the time of the search, including a conclusory statement from a confidential … Continue reading

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W.D.Tex.: Two citizen informants corroborated each other

Two identified citizen informants fully corroborated each other for reasonable suspicion. United States v. O’Brien, 2017 U.S. Dist. LEXIS 104936 (W.D. Tex. July 7, 2017).* “The officers’ interference with Lawrence’s liberty was not arbitrary. The officers approached West, Lawrence, and … Continue reading

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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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