Category Archives: Informant hearsay

CA7: CI was a co-conspirator, and corroboration was required

This § 1983 case over a state court search warrant and search essentially seeks to relitigate in federal court the issuance of the warrant, which is not the prerogative of a federal court. Instead, the court finds corroboration of the … Continue reading

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CA6: Video of controlled buy corroborated CI; fact drugs wasn’t mentioned doesn’t mean no PC

The CI’s story is confirmed by the audio and video of the following controlled buy. Defendant’s claim that the money could have been paid for something else doesn’t undermine the probable cause. “Here, despite no explicit discussion of drugs, put … Continue reading

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IN: Even though def called off drug deal with CI at last minute there still was RS

The CI was working off his own charges. The CI had to make several tries to make a deal with defendant, and, when it happened, there was advance planning related by the CI. They also were talking on a cell … Continue reading

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NE: State dropping count CI was witness in keeps identity under wraps; can’t show materiality to other counts

The CI was used to get the search warrant for drugs in defendant’s house. During the search, the CI said there would be a gun, and officers found it. Later, the state chose not to pursue the drug charge but … Continue reading

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CA11: Def’s 4A challenge doesn’t satisfy successor habeas standard; not even habeas standard

“First, Fails argues that his First and Fourteenth Amendment rights were violated when he was arrested because he was never read his Miranda rights and never signed a card waiving those rights. Second, he argues that his Fourth and Fourteenth … Continue reading

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CA6: CI’s past reliability supported reliability here

“Here, the totality of the circumstances reveals enough to get the Government over the goal line, though perhaps not with a lot of breathing room. First, O’Bryan was a known informant. That means that O’Bryan “would [have been] subject to … Continue reading

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D.Minn.: USMJ’s order to disclose all CIs is overbroad; not if they aren’t trial witnesses

The USMJ’s order to disclose all information about the informants was overbroad because it included informant’s who are not trial witnesses. It is limited to those who are trial witnesses. United States v. Bias, 2018 U.S. Dist. LEXIS 112605 (D. … Continue reading

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OH2: Towing company couldn’t be ordered to return car without being heard

The trial court doesn’t have the power to order the towing company to return defendant’s car without it being heard. It does, however, have the power to order the police to return what it seized that it does not need … Continue reading

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E.D. Mich.: Typo on date of affidavit can be overlooked when proven

The search warrant was facially stale, having been issued on February 7th where the affidavit was signed on January 7th. It’s shown to be a typographical error that may be overlooked. The search warrant was accompanied by its affidavit, and … Continue reading

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MA: First time CI still corroborated by “imperfectly executed controlled ‘buy’”

“In this interlocutory appeal by the Commonwealth, we must decide whether the information provided by a first-time, confidential police informant (CI) was sufficiently corroborated by a single, imperfectly executed controlled ‘buy’ of cocaine for the purposes of establishing probable cause … Continue reading

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S.D.Ga.: CI information was a little stale, but the officer’s corroroboration was with current information and that overcame staleness

The CI’s information was a little dated and potentially stale, but it was corroborated by current information and that was probable cause. United States v. Mobley, 2018 U.S. Dist. LEXIS 101640 (S.D. Ga. June 18, 2018). “In this case, by … Continue reading

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GA: Controlled buy by CI corroborates CI and is PC in itself

“‘Under the common sense approach to search warrants, a controlled buy strongly corroborates the reliability of the informant and shows a fair probability that the contraband would be found.’… Indeed, ‘even if the informant had no known credibility, the controlled … Continue reading

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