Category Archives: Informant hearsay

FL5: CI rented car for def to commit a robbery; told police and they put GPS on car; stop was with PC

The CI had knowledge defendant was going to commit a robbery and was enlisted to rent a car for it. The CI told the police, and they planted a GPS on the car with the CI’s permission. After the robbery, … Continue reading

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ID: State’s claim of exigency for warrantless entry into house was unsupported; suppression affirmed

Defendant was allegedly selling tainted marijuana from his house. Police did a warrantless entry with exigency as the excuse. There wasn’t any claim that anybody inside was in distress, and no questions about it. Suppression affirmed. State v. Sessions, 2019 … Continue reading

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LA: Two Rodriguez violations: car searched for weapon without RS then female officer called for a body search

Defendant was detained unreasonably without reasonable suspicion and then her car was searched for a weapon but none was found. Then the detaining officer called for a female officer to conduct a search of her person. “Because reasonable suspicion was … Continue reading

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D.N.M.: It’s not a Franks violation to fail to mention any deals with the CI; it’s assumed

“Second, as to Mr. Ramos-Castillo’s argument that Agent Godier omitted material information by failing to include law enforcement’s numerous promises to Mr. Salazar, the Court finds that the failure to explicitly include this information does not amount to material omission … Continue reading

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W.D.Mo.: Search incident permitted for offense of walking in the street at night

Search incident for walking in the street instead of on the sidewalk was permissible and that produced keys. Alternatively, officers had reasonable suspicion for a “protective patdown” based on other factors. United States v. Cunningham, 2019 U.S. Dist. LEXIS 164331 … Continue reading

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NC: When two CIs are used, both need to be known and reliable; here, one wasn’t

Defendant raised multiple issues in his motion to suppress that led to a general denial “with some reluctance.” The court of appeals doesn’t find enough in the record to resolve what the court was thinking and vacates and remands for … Continue reading

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NE: Scrivener’s error in describing cell phone in SW could be cured by reference to affidavit

There was a scrivener’s error in describing the cell phone subject to the search warrant, and it could be corrected by looking to the affidavit. State v. Stelly, 304 Neb. 33 (Sept. 13, 2019). Defendant has no claim that the … Continue reading

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TX1: Warrantless DUI arrest then blood draw without exigency suppressed

After an accident where defendant was alleged to have killed a motorcyclist, defendant waited for the police at a gas station. They took him to the scene and then arrested him. This was followed by a warrantless blood draw. The … Continue reading

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TN: Factual statements from other LEOs not judged as CI statements in affidavit

Relying on factual statements of other law enforcement officers for a search warrant affidavit is more than just adopting the bare conclusions of others. They are entitled to more credibility than statements of CIs. State v. Almahmmody, 2019 Tenn. Crim. … Continue reading

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OH10: 1st time CI’s admission of own crimes aided his credibility

First time CI’s admission of own criminal involvement bolstered his credibility for use in probable cause. State v. Mendoza, 2019-Ohio-3382, 2019 Ohio App. LEXIS 3457 (10th Dist. Aug. 22, 2019). There was probable cause for issuance of the search warrant. … Continue reading

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CA11: Officer has discretion to let another take vehicle or impound it with inventory, and he can change his mind

Allowing defendant’s vehicle to be taken by another instead of impounding it was within the officer’s discretion. At first he said he would do that, then changed his mind. That doesn’t make the inventory unreasonable. United States v. Sibert, 2019 … Continue reading

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E.D.Mich.: Officers’ efforts to avoid towing vehicle on def’s arrest showed lack of pretext to search it

The government satisfied its burden in showing that the inventory of defendant’s car was reasonable and not for an investigative purpose. Important to that, they attempted to work with defendant to avoid towing the vehicle at all by getting a … Continue reading

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