Category Archives: Informant hearsay

E.D.Tenn.: Video showed clear consent and contradicted def’s testimony

Defendant consented to the search of her purse. The video clearly shows that, and it contradicts the defendant’s testimony. United States v. West, 2017 U.S. Dist. LEXIS 58892 (E.D. Tenn. Jan. 6, 2017),* adopted, 2017 U.S. Dist. LEXIS 58672 (E.D. … Continue reading

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CO: Unconscious [and dead] drivers have consented to a blood draw

Unconscious drivers have consented to a blood draw by statute, and it’s constitutional. People v. Hyde, 2017 CO 24, 2017 Colo. LEXIS 282 (April 17, 2017); People v. Simpson, 2017 CO 25, 2017 Colo. LEXIS 283 (April 17, 2017); Fitzgerald … Continue reading

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AK: Street rumor supplemented by controlled buy was PC

The CI passed on information from others that was virtually only a street rumor that he then corroborated with a controlled buy. The totality was probable cause. Hart v. State, 2017 Alas. App. LEXIS 59 (April 14, 2017). The officer … Continue reading

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SD: No corroboration of CI’s tip voided stop, even under Navarrette

“In each of the foregoing decisions, the stop at issue was upheld either because of independent observation by law-enforcement officers or because the tip itself demonstrated the informant’s basis of knowledge for alleging criminal conduct. In this case, the report … Continue reading

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PA: CI isn’t corroborated solely because he helped make another case

The CI led to another case, but the information here wasn’t corroborated and easily could have been. “We acknowledge that this is a close case. However, the police had every opportunity to pursue more substantial corroboration prior to preparing the … Continue reading

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D.S.D.: CI tip provided RS for probation home search

The PO’s CI provided information which came to the PO through the police. There was no independent verification of the CI’s tale, but there was enough detail to provide reasonable suspicion for a home search under the conditions of the … Continue reading

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IN: Def handing CI a package risked CI handing it to police

The government’s CI was handling the package with drugs for the defendant to ship it, and he could consent to searching it. Erickson v. State, 2017 Ind. App. LEXIS 140 (March 29, 2017). The CI’s information was against his self … Continue reading

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IL: Franks falsity applies to the officer, not the CI; also, the CI testified before the issuing magistrate, and that bolsters credibility

“The deliberate falsity or reckless disregard of the truth applies only to the affiant—here, Officer Ramirez—and not to any nongovernmental informant like Rodriguez. … What is more, we note that both Officer Ramirez and Rodriguez appeared before the issuing judge, … Continue reading

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E.D.N.Y.: Def objection to new saliva sample by SW denied

Defendant pro se opposed the taking of a new saliva sample. For some reason, the government applied for and obtained a new warrant for saliva having determined that the prior sample was too old or insufficient. The taking of the … Continue reading

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E.D.Pa.: Citizen informant pointing out def face-to-face presumptively reliable

A citizen informant pointing out defendant as having a gun, right in front of him, is entitled to presumptive credibility because she exposed her knowledge to defendant and risked retaliation. United States v. Slone, 2017 U.S. Dist. LEXIS 38515 (E.D. … Continue reading

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