Category Archives: Informant hearsay

E.D.Mich.: Failure to leave a copy of the SW does not require suppression

Failure to leave a copy of the search warrant does not require suppression. There is no prejudice. United States v. Robinson, 2019 U.S. Dist. LEXIS 99902 (E.D. Mich. June 14, 2019). The CI was creditable because of admissions against interest … Continue reading

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RI: IP address in CP case is PC for the premises

Rhode Island decides for the first time that IP information in a child pornography case is probable cause for the building at that location. Yes, it could be another person at that address, but that’s not the point. In re … Continue reading

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CA8: Hotel staff photographed evidence of drug use in room which corroborated CI

The information in the search warrant application was sufficient to show a fair probability that contraband or evidence of a crime would be found in a hotel room registered to a known drug user who had recently tested positive for … Continue reading

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N.D.Ind.: Not putting in affidavit after controlled buy that CI was searched doesn’t void the SW

The officer’s failure to include in the affidavit that the CI was searched before going in is a matter for the issuing judge to consider. “Here, the lack of information regarding the credibility of the purchasers as well as the … Continue reading

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S.D.Ohio: A federal-state joint task force isn’t required to use a Rule 41 search warrant

A federal-state joint task force isn’t required to use a Rule 41 search warrant. United States v. Williams, 2019 U.S. Dist. LEXIS 89133 (S.D. Ohio May 29, 2019). “Defendant bears the burden of showing beyond mere speculation that the disclosure … Continue reading

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W.D.N.Y.: State judge’s notes of oral testimony for SW may be considered in federal court

Under the “four corners rule,” only the content of the affidavit for search warrant can be considered, but what about unrecorded oral testimony in support? New York procedural law requires the issuing magistrate who considers oral representations in further support … Continue reading

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MO: SW for a house includes the garden in the curtilage

The search warrant for defendant’s home authorized a search of defendant’s garden because, under Jardines, the curtilage is considered part of the house itself. State v. Daggett, 2019 Mo. App. LEXIS 843 (May 28, 2019). A state court’s 2017 cell … Continue reading

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MN decides that gaps in the state’s version don’t preclude the CI being a material witness so the CI must be disclosed

“If a warrant to search a home relies on information from a confidential police informant about contraband inside the home, but the warrant application includes no facts indicating whether the informant could be considered a government agent who violated the … Continue reading

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CA5: Hearsay to get a SW isn’t necessarily admissible at trial

Just because hearsay can be used to get a search warrant, that doesn’t make that same hearsay admissible at trial without violating the Confrontation Clause. United States v. Jones, 2019 U.S. App. LEXIS 14550 (5th Cir. May 16, 2019). “Here, … Continue reading

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TX2: Def not entitled to name of CI to get SW

Defendant wasn’t entitled to the name of the CI because the CI was only used to get the search warrant and wasn’t a witness in the state’s case in chief. Coleman v. State, 2019 Tex. App. LEXIS 3802 (2d Dist. … Continue reading

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W.D.N.Y.: State SW issued for violation of state statute under federal injunction since 1997 should be suppressed

Defendant was federally indicted for possession of child pornography after a state search warrant for violation of state law. There was, however, a federal injunction from 1997 prohibiting prosecutions under a particular New York statute, but at least 11 people … Continue reading

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MI: Passenger in car has standing to challenge search of his own backpack (overruling LaBelle)

While a passenger in a car normally doesn’t have standing in the contents of a car, he does in his own backpack that he was carrying when he got into the car. The driver couldn’t consent to a search of … Continue reading

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