Category Archives: Informant hearsay

CA7: On the totality, RS was thin, up until def fled

“If these were all the facts, establishing reasonable suspicion might have been a close call for the officers. But Wilson’s unprovoked, headlong flight from police in a high-crime area put any lingering doubt to rest. Illinois v. Wardlow, 528 U.S. … Continue reading

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WI: Incapacitated driver provision unconstitutional re implied consent; but GFE applies here

“We conclude that the incapacitated driver provision is unconstitutional because the implied consent that incapacitated drivers are deemed to have given and presumed not to have withdrawn does not satisfy any exception to the Fourth Amendment’s warrant requirement. However, we … Continue reading

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D.Minn.: Collective knowledge doctrine doesn’t require affiant officer to independently corroborate

The affidavit for the search warrant here was adequate to show nexus and probable cause for a search. The reliance on other officers’ information didn’t require this officer to independently corroborate it. United States v. Velazquez, 2020 U.S. Dist. LEXIS … Continue reading

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IL: Arguing only lack of arrest warrant waives lack of PC

Pleading and litigating a motion to suppress in the trial court that the officers lacked an arrest warrant or an exception waived his appellate claim of a lack of probable cause. People v. Montes, 2020 IL App (2d) 180565, 2020 … Continue reading

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CA10: Flight from a stop permitted officer to chase def onto his property without a SW

“Officer Estrada’s reasonable suspicion ripened into probable cause when Shelton attempted to flee, thus giving rise to the exigent circumstances necessary for Officer Estrada to pursue Shelton onto the property without a warrant.” United States v. Shelton, 2020 U.S. App. … Continue reading

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D.Me.: CI’s prediction of future events enhanced veracity

There was probable cause for the search, and the CI’s veracity was enhanced by the CI’s prediction of future conduct. United States v. Stevenson, 2020 U.S. Dist. LEXIS 105420 (D. Me. June 17, 2020). “While Mendoza-Ricardo argues that the purpose … Continue reading

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CA3: Officer was face-to-face with citizen informant in a high-crime area about man with a gun; it was sufficiently reliable

“Officer Pickel received a tip that Torres, just moments before, had discharged a firearm in a high-crime area. A brief encounter with police ensued. Only thirty-five seconds elapsed between the time when Officer Pickel ordered Torres to stop and when … Continue reading

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N.D.Ill.: Detailed 911 call was RS

This detailed 911 call provided reasonable suspicion. “The answer is somewhere in the middle, but ultimately favors the government’s view. It is a close call, but the anonymous tip in this case contained just enough indicia of reliability to support … Continue reading

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M.D.Tenn.: Failure to corroborate everything, even the easy to corroborate, isn’t reckless under Franks

Defendant did not make a substantial preliminary showing that there was a reckless material statement in support of the search warrant. Moreover, “Defendant provides no authority to support his position that an officer’s failure to corroborate a fact that ‘could … Continue reading

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MA: Def gets limited discovery into CI’s reliability otherwise not provided by state

Massachusetts court sees no need to intervene yet in a trial court’s limited discovery order for the CI’s reliability which was wanting in the affidavit. “If the Commonwealth feels that any document would reveal the informant’s identity, it can seek … Continue reading

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E.D.Ky.: No discovery on ID of CI; not material to any 4A issue

Defendant was subjected to controlled buys with a CI that led to his search warrant. The officers involved can testify to what happened, and defendant hasn’t shown necessity for disclosure of the informant. “Additionally, to the extent that some information … Continue reading

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S.D.Miss.: Motion to suppress having been granted, def is a candidate for pretrial release

With the evidence against defendant suppressed, the government’s case is weakened, and defendant is a candidate for pretrial release. United States v. Norbert, 2020 U.S. Dist. LEXIS 61799 (S.D. Miss. Apr. 8, 2020). The trial court’s order allowing defendant’s motion … Continue reading

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CA7: Anonymous call of suspicious person lacked corroboration and wasn’t RS

This anonymous tip revealed nothing but identifying characteristics, and it didn’t show reasonable suspicion. “Additionally, the tip itself contained no further indicia of the informant’s reliability. It also offered nothing but a barebones description of the suspect: the caller identified … Continue reading

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E.D.Ky.: Ambiguities in affidavit for SW not a Franks violation

Alleged ambiguities in the affidavit for the search warrant didn’t show a Franks violation where there clearly was probable cause. United States v. Jenkins, 2020 U.S. Dist. LEXIS 69247 (E.D. Ky. Apr. 21, 2020). A 911 call from a cell … Continue reading

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CA11: 911 call about def threatening people with a gun in his house justified protective sweep

A 911 call reported that defendant pointed a gun at two people and threatened them in his house. Responding, they talked to the victims outside. They entered to do a protective sweep for the weapon, and saw drugs. They got … Continue reading

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W.D.Va.: Whistleblower CI has “strong[er] motive to supply accurate information.”

In a health care fraud case, a whistleblower confidential informant for a search warrant was entitled to more credit than a regular CI because of a likely “strong[er] motive to supply accurate information.” The search warrant for documents here was … Continue reading

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