Category Archives: Informant hearsay

W.D.Tenn.: CI’s tip def had a gun was corroborated by def discarding it in view of officers

Police received a CI’s tip defendant had a gun. The tip alone lacked reliability until the officer saw defendant discard it. “Notably, the reasonable suspicion standard does not present the most demanding hurdle to overcome. See Kansas v. Glover, 140 … Continue reading

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OR: State didn’t develop its argument about RS at the hearing, and it’s found waived

The state’s justification for inquiries about travel plans isn’t reached on appeal because it wasn’t briefed or even developed below. Instead, the questions about it related only to initial reasonable suspicion. “We conclude that the record could have developed differently … Continue reading

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D.Minn.: Crime Stoppers tip was sufficiently corroborated to show PC

Crime Stoppers tip was sufficiently corroborated to show probable cause [under Gates]. United States v. Gaston, 2021 U.S. Dist. LEXIS 65724 (D. Minn. Apr. 5, 2021):

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CA4: Officers watching def on a CI’s tip saw a handshake which they surmised was a drug sale; no RS from a handshake

“In order to sustain reasonable suspicion, officers must consider the totality of the circumstances and, in doing so, must not overlook facts that tend to dispel reasonable suspicion. Here, officers relied on general information from a confidential informant; two interactions … Continue reading

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NY3: CI’s alleged false statement wasn’t enough to suppress

As to an alleged false statement by the CI, it didn’t undermine the probable cause finding. People v. Cazeau, 2021 NY Slip Op 01806, 2021 N.Y. App. Div. LEXIS 1947 (3d Dept. Mar. 25, 2021) (nearly four years from judgment … Continue reading

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CA7: Informant hearsay once removed on a controlled buy still PC

Informant hearsay once removed was still probable cause. The CI enlisted another to go get drugs from defendant and brought them back to the CI who turned them over to the police. United States v. Bacon, 2021 U.S. App. LEXIS … Continue reading

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CA6: SW was particular because particular affidavit was incorporated

The search warrant here was particular because it incorporated the affidavit by reference, and they were attached. United States v. Evans Landscaping Inc., 2021 U.S. App. LEXIS 8152 (6th Cir. Mar. 18, 2021). Defendant has no reasonable expectation of privacy … Continue reading

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D.V.I.: CI’s information of def was commonly known and in paper; yet, GFE applies

The search warrant here was based on the CI’s relating largely publicly-known information, some of which was in the newspaper online. It wasn’t predictive, but all historical of criminal record, the kind of car, etc. This is close but no … Continue reading

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UT: No IAC for not objecting to recording of jail phone calls for spousal privilege

Defense counsel wasn’t ineffective for not raising spousal privilege to recorded jail telephone calls since there was no reasonable expectation of privacy in the calls where spousal privilege in this context hadn’t been raised before in the state. State v. … Continue reading

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WA: Crime victim stated claim for conversion against state for return of property

A crime victim has a right to return of property pending an investigation if the state doesn’t need it for court. “Our ruling today does not undermine the City’s interest in protecting sensitive records regarding ongoing criminal investigations. Ms. Burton … Continue reading

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D.Minn.: Information from named security guard passing on detailed hearsay from unidentified source in 911 call was reliable

The 911 caller here was an identified security guard who passed on detailed information he’d received from a source. The detail made it reliable enough for reasonable suspicion. United States v. Valenzuela, 2021 U.S. Dist. LEXIS 50262 (D. Minn. Feb. … Continue reading

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CA5: Anonymous tip wasn’t sufficiently corroborated

The anonymous tip here wasn’t sufficiently corroborated to make reasonable suspicion. The evidence supports the district court’s conclusion. United States v. Norbert, 2021 U.S. App. LEXIS 7620 (5th Cir. Mar. 16, 2021) (2-1):

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D.Idaho: Traffic stop was admitted pretextual but it was based on RS of a drug offense and otherwise objectively reasonable

Defendant’s traffic stop was admittedly pretextual to investigate a drug offense, and the officers had reasonable suspicion on collective knowledge to justify the stop. United States v. Tuschoff, 2021 U.S. Dist. LEXIS 47130 (D. Idaho Mar. 10, 2021). The CI … Continue reading

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M.D.La.: Anonymous 911 call was corroborated enough for Navarette

The anonymous 911 call about flashing a gun at children satisfied Navarette. The officer was a mile from the place mentioned in the report and arrived shortly thereafter and saw the person the call reported. While the 911 caller could … Continue reading

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OR: Entry onto curtilage to closely examine car for evidence of hit-and-run exceed implied consent of entry

After a hit-and-run accident, police took a bumper part left at the scene. They ultimately located the probable car at defendant’s house. The police, as any other visitor, had implied authority to enter the curtilage but not to look at … Continue reading

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NE: Police have no const’l duty to fully interrogate a citizen informant

A citizen informant told police of a motorist that might need assistance, and that led to defendant’s arrest. There is no constitutional requirement for police to interrogate the citizen informant. State v. Montoya, 29 Neb. App. 563, 2021 Neb. App. … Continue reading

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WA: Uncorroborated CI’s story not RS or PC

CI was not shown to be sufficiently reliable by an attempt to corroborate her to justify defendant’s stop and subsequent search. “Unlike a citizen informant calling 911, a criminal informant is not presumed to be acting out of civic responsibility. … Continue reading

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Cal.2: Litigating a motion to suppress with an affidavit sealed in part from the defense

People v. Washington, 2021 Cal. App. LEXIS 196 (2d Dist. Mar. 9, 2021):

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N.D.Ohio: “Days-old sale” of ½ ounce of marijuana didn’t justify wholesale search of records at home

The affidavit for search warrant based on an uncorroborated CI for sale of a ½ ounce of marijuana failed to show probable cause and it did not justify a search for virtually every document in the house or on his … Continue reading

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E.D.N.Y.: Def gets access to SW materials, but govt can redact informant’s info

The target of a search warrant long ago served is entitled to unsealing the affidavit, but the government can redact the affiant’s name and identifying information. United States v. Storage Room Numbers, 2021 U.S. Dist. LEXIS 35977 (E.D. N.Y. Feb. … Continue reading

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