Category Archives: Informant hearsay

CA6: Closely monitored controlled buy shows CI’s reliability

The affidavit for the search warrant here didn’t state the second CI was reliable, but reliability was shown by closely monitoring the controlled buy, and that showed probable cause. United States v. Jones, 2020 U.S. App. LEXIS 29878 (6th Cir. … Continue reading

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E.D.Tex.: Def’s attempts to distinguish Hudson and no ER for knock-and-announce fails

Defendant’s efforts to distinguish Hudson and its refusal to apply the exclusionary rule to knock-and-announce violations fail. United States v. Pyles, 2020 U.S. Dist. LEXIS 169623 (E.D. Tex. Sept. 16, 2020). Petitioner gets a CoA on the following habeas issue: … Continue reading

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TN: A security guard’s state license is not “state action” for 4A

A state licensed private security guard was not a state actor under the Fourth Amendment when he searched defendant’s cell phone trying to determine the owner. State v. Simpson, 2020 Tenn. Crim. App. LEXIS 594 (Sept. 1, 2020). “Additionally, we … Continue reading

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IN: CI’s statement he bought from def ten times was a statement against penal interest

The CI was the target of a search, and he snitched off defendant as his source for about ten sales, the most recent the day before. That was a statement against penal interest. State v. Stone, 2020 Ind. App. LEXIS … Continue reading

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OH2: Giving false name and DOB after SW executed supports obstruction charge

Defendant was removed from his house after a search warrant was served by the SWAT team. His false name and DOB to the officers supported his obstruction conviction. State v. Castleberry, 2020-Ohio-4233, 2020 Ohio App. LEXIS 3129 (2d Dist. Aug. … Continue reading

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CA11: 2255 petitioner made a showing that reasonable jurists could disagree on merits of 4A claim not pursued, so he gets a CoA

Defendant, a 2255 petitioner, made a sufficient showing that reasonable jurists could disagree whether the Fourth Amendment claim that wasn’t pursued had merit. Therefore, the CoA is granted. Day v. Fla. Dep’t of Corr., 2020 U.S. App. LEXIS 27153 (11th … Continue reading

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CA9: Co-conspirators’ statements to police linking def were reliable enough for PC

Other suspects’ admissions against penal interest that led to their charges and tying in defendant were credible enough for informant hearsay. United States v. Odell, 2020 U.S. App. LEXIS 26695 (9th Cir. Aug. 21, 2020). “We have previously found that … Continue reading

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OH6: Def’s neighbor was citizen informant in reporting seeing him looking at CP through an open window

Defendant’s neighbor could see him from his house masturbating to child pornography. He called the police and the police corroborated it but walked on the curtilage, too. The neighbor was shown as a confidential informant but was really a citizen … Continue reading

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CA7: “Extensive police corroboration” of CI’s story was PC

Defendant’s appellate argument the CI’s information wasn’t probable cause is rejected. “[T]he extensive police corroboration detailed in the affidavit strongly supports the issuing judge’s probable cause determination. … [¶] Next, on the second and third factors, Bonz had firsthand knowledge … Continue reading

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TX1: Knock-and-announce violation doesn’t warrant suppression under Hudson

The CI was reliable and provided probable cause. A knock-and-announce violation doesn’t warrant suppression. Cleveland v. State, 2020 Tex. App. LEXIS 5829 (Tex. App. – Houston (1st Dist.) July 28, 2020):

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Colorado grants review of pole camera surveillance

“Petition for Writ of Certiorari GRANTED. EN BANC. [¶] Whether the court of appeals erred in concluding that video surveillance through a camera mounted to a utility pole constituted a warrantless search in violation of the Fourth Amendment.” People v. … Continue reading

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CA7: On the totality, RS was thin, up until def fled

“If these were all the facts, establishing reasonable suspicion might have been a close call for the officers. But Wilson’s unprovoked, headlong flight from police in a high-crime area put any lingering doubt to rest. Illinois v. Wardlow, 528 U.S. … Continue reading

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WI: Incapacitated driver provision unconstitutional re implied consent; but GFE applies here

“We conclude that the incapacitated driver provision is unconstitutional because the implied consent that incapacitated drivers are deemed to have given and presumed not to have withdrawn does not satisfy any exception to the Fourth Amendment’s warrant requirement. However, we … Continue reading

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D.Minn.: Collective knowledge doctrine doesn’t require affiant officer to independently corroborate

The affidavit for the search warrant here was adequate to show nexus and probable cause for a search. The reliance on other officers’ information didn’t require this officer to independently corroborate it. United States v. Velazquez, 2020 U.S. Dist. LEXIS … Continue reading

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IL: Arguing only lack of arrest warrant waives lack of PC

Pleading and litigating a motion to suppress in the trial court that the officers lacked an arrest warrant or an exception waived his appellate claim of a lack of probable cause. People v. Montes, 2020 IL App (2d) 180565, 2020 … Continue reading

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CA10: Flight from a stop permitted officer to chase def onto his property without a SW

“Officer Estrada’s reasonable suspicion ripened into probable cause when Shelton attempted to flee, thus giving rise to the exigent circumstances necessary for Officer Estrada to pursue Shelton onto the property without a warrant.” United States v. Shelton, 2020 U.S. App. … Continue reading

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