Category Archives: Informant hearsay

D.Mont.: Informant hearsay here was adequately corroborated to be found reliable

The informant hearsay here was sufficiently corroborated. “The affidavit provides sufficient grounds to assess the veracity and basis of knowledge of CS1’s information. Most of CS1’s information is based on personal observations of Goodman. Those observations, including Goodman’s involvement with … Continue reading

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CA9: There was PC for the warrant for the premises, and officers were not unreasonable in continuing the search for an hour when they learned their target didn’t live there

Officers got a search warrant for a mobile home, and found out when they executed it that their target didn’t live there. The search warrant was based on informant hearsay that was reliable enough for the search warrant to issue. … Continue reading

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D.Mont.: Using Western Union for money transfer creates no REP in WU’s records

Western Union’s production of money transfer records was a classic third-party record situation where there was no reasonable expectation of privacy. United States v. Escobedo, 2019 U.S. Dist. LEXIS 208067 (D. Mont. Dec. 2, 2019). Defendant’s inconsistent story about whether … Continue reading

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PA: Refusing to submit to BAC blood draw under SW supports obstruction of justice conviction

Refusal to submit to a blood draw search warrant for BAC supports a conviction for obstruction of justice. Commonwealth v. Palchanes, 2019 Pa. Super. LEXIS 1186 (Nov. 27, 2019). The CI’s basis of knowledge and reliability was adequately shown, and … Continue reading

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W.D.Pa.: To make an effective attack on a SW affidavit, explain yourself and don’t leave it to the court to try to do it for you

Yes, there were inconsistencies in the informant hearsay, but the defendant doesn’t help the court in what that means. “Thus, Defendant’s hearsay attacks fail to draw the court’s attention to any problem in the magistrate judges’ analysis.” There was double … Continue reading

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CA6: Informant’s reliability is the question, and that leads to finding of reliability of his or her hearsay

The CI’s first hand information isn’t constitutionally required for informant hearsay to be deemed credible. The question is the reliability of the informant, not so much the information which usually can’t all be pinned down anyway. United States v. Crawford, … Continue reading

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TN: Failure to include the search warrant and affidavit in the record on appeal waives the search issue

Failure to include the search warrant and affidavit in the record on appeal waives the search issue. State v. Parks, 2019 Tenn. Crim. App. LEXIS 740 (Nov. 13, 2019). The officer gets qualified immunity because there was probable cause for … Continue reading

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WI: Uncorroborated informant hearsay was strong enough to credit for probation search on RS

Wisconsin permits warrantless probation and parole searches on reasonable suspicion by any law enforcement officer. Officers had it here based on uncorroborated informant hearsay. The record also supports the trial court’s conclusion that the officer knew of the search condition … Continue reading

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IA: One-way cross country rental and multiple cell phones wasn’t RS for extending stop

The officer had no reasonable suspicion developed from defendant’s traffic stop. The rental car was a one-way rental in the name of another and defendant had multiple cell phones. The stop, for all intents and purposes, appears strung out to … Continue reading

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TN: Defense counsel’s failure to object to officer’s testimony of def’s confession during suppression hearing violated Simmons but was harmless

Defendant on post-conviction showed that defense counsel’s performance was deficient for not objecting under Simmons to a state investigator’s testimony that he confessed to the crime in his suppression hearing testimony. Defendant, however, can’t show prejudice because of the other … Continue reading

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D.Utah: Double hearsay can support a SW

In a trade secrets theft case, reliance on double hearsay in the affidavit for search warrant was not unreasonable. The source was the company defendant worked for. Defendant relies on the elements of the trade secrets theft law and argues … Continue reading

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IL: Two anonymous calls of man with a gun resulted in finding only def in the area who walked like he was holding

The frisk of defendant did not violate the Fourth Amendment, so the trial court did not err by denying defendant’s motion to suppress the firearm. The officer encountered defendant after an unknown caller placed two 911 calls, defendant matched the … Continue reading

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