Category Archives: Informant hearsay

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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FL2: Def gets benefit of Byrd where issue raised before it was decided; remanded

Defendant was not listed as an authorized driver of a rental car, and he moved to suppress the search of the rental car. Because his case was in “the pipeline,” he gets the benefit of Byrd and the case is … Continue reading

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OH2: 911 caller whose number is recorded isn’t really anonymous

911 caller whose number was recorded wasn’t truly anonymous, and the information was detailed and first hand. Even if anonymous, it was still reliable enough. State v. Gregory, 2019-Ohio-3000, 2019 Ohio App. LEXIS 3093 (2d Dist. July 26, 2019):

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IA: Where owner of car was female and had a suspended license, a stop was reasonable when a woman and three men got into it

Officers knew the owner of the car was female, and there was a woman in the group that got into it, so, for reasonable suspicion purposes, it was reasonable to believe she might be driving and stop the car where … Continue reading

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MT: 911 call about drunk driver was corroborated when car found

A 911 call reported a potential drunk driver. When the car was found, the officer’s observations were at least reasonable suspicion justifying a stop. Indreland v. Mont. DOJ, 2019 MT 141, 2019 Mont. LEXIS 226 (June 18, 2019). Defendant was … Continue reading

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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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