Category Archives: Informant hearsay

S.D.N.Y.: Emails from CIs provided PC, and the SW was limited to categories of information

A CI gave emails to government investigators about health care fraud. They and other information provided probable cause for more emails. The warrants were particularized by being limited to eight categories. United States v. Mathieu, 2018 U.S. Dist. LEXIS 192281 … Continue reading

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CA8: Means and opportunity to commit bank robbery and carjacking in flight was PC

Defendant’s means and opportunity to commit this bank robbery and carjacking in flight was probable cause. Video showing him at a motel was nexus to his room. United States v. Evans, 2018 U.S. App. LEXIS 31326 (8th Cir. Nov. 6, … Continue reading

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N.D.Ohio: Thermal imaging SW was based on probable cause because CI corroborated

“The Chardon Municipal Court Judge had a substantial basis for concluding that probable cause existed in issuing the warrant for a thermal image search of 7071 Ledge. The Government must obtain a search warrant before use of thermal imaging equipment … Continue reading

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W.D.Ky.: Rodriguez doesn’t start to apply until the stop occurs

Defendant was surveilled in a funeral home at a funeral, and he was stopped later. Rodriguez does not apply before the stop actually occurred. United States v. Thompson, 2018 U.S. Dist. LEXIS 185267 (W.D. Ky. Oct. 30, 2018). “Such specific … Continue reading

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W.D.N.Y.: Controlled buys corroborate CI

The CI wasn’t supported by past history, but was by controlled buys. United States v. Williams, 2018 U.S. Dist. LEXIS 180895 (W.D. N.Y. Oct. 23, 2018). “Finally, the affidavit articulated a reasonable nexus between the place to be searched (the … Continue reading

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CA10: Body camera video showed consent, and it was a far more congenial sounding conversation than the transcript read

The body camera video shows defendant’s mother consented to the search of the premises, and it is noticeably less allegedly coercive sounding than the transcript. United States v. Morris, 2018 U.S. App. LEXIS 29830 (10th Cir. Oct. 23, 2018). The … Continue reading

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S.D.N.Y.: PCR claim that officer lied about CI eight years earlier wasn’t actual innocence claim

Defendant’s 2018 post-conviction claim that the officer lied about the existence of a CI in 2010 wasn’t cognizable now because he doesn’t claim actual innocence. Edmonson v. United States, 2018 U.S. Dist. LEXIS 181045 (S.D. N.Y. Oct. 19, 2018):

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VT: A CI who is already in trouble with the police has an interest in truthfulness, and thus is likely more reliable

Statements against penal interest by CIs that are already in trouble are logically going to hurt the CI more if they turn out to be false, so the CI has an interest in being truthful. Reliability may thus be inferred … Continue reading

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MI: Controlled buys and corroborated CI was PC

The trial court erred in suppressing the search under the search warrant. There were controlled buys and a corroborated informant, and that was enough for probable cause. People v. Higgins, 2018 Mich. App. LEXIS 3355 (Oct. 18, 2018). Defendant’s right … Continue reading

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DE: The affidavit for SW didn’t support the CI; motion to suppress granted

The affidavit for the search warrant here was based on a CI’s information and claim that he was constantly surveilled, but that wasn’t true because the officer admitted he didn’t see the alleged drug transaction go down. On the surface … Continue reading

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CA6: Leaving house, doing drug deal, going back home is nexus

Leaving your house, conducting a drug sale, then returning to your house is nexus that there are drugs in the house. United States v. Houser, 2018 U.S. App. LEXIS 27671 (6th Cir. Sep. 28, 2018). “The magistrate judge presumed that … Continue reading

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W.D.Ky.: CI’s been buying heroin from def for 3 years, and that’s PC

The named CI’s statement she’d been buying heroin from defendant for three years was probable cause. United States v. Haqq, 2018 U.S. Dist. LEXIS 165936 (W.D. Ky. Sep. 27, 2018).* Probable cause here was based on the CI’s statement and … Continue reading

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