Category Archives: Informant hearsay

Two on informant hearsay

The CI provided detailed information that all proved to be true involving a shipment of drugs, down to the packaging. While the automobile exception would have supported the search, the police obtained a warrant on the probable cause from the … Continue reading

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N.D.Ind.: 911 caller stayed on phone and gave a “play-by-play” of what the defendant was doing that was quickly corroborated by the police

911 caller stayed on phone and gave a “play-by-play” of what the defendant was doing that was quickly corroborated by the police. That was reasonable suspicion. United States v. Jeanes, 2016 U.S. Dist. LEXIS 181601 (N.D.Ind. Nov. 29, 2016), adopted, … Continue reading

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N.D.Ind.: 911 caller’s info was transmitted and she revealed enough about herself to not be an anonymous CI

911 calls aren’t always truly anonymous. A 911 caller, whose number was captured by the system, called about a man pacing in a motel parking lot with a gun in hand. The caller gave enough information about herself that she … Continue reading

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D.P.R.: PC permits a warrantless arrest for a felony; no right to arrest at earliest possible time

If there is probable cause for an arrest without a warrant, it doesn’t matter that officers had time to get an arrest warrant and didn’t or that they didn’t arrest at the earliest possible time. An arrest warrant is not … Continue reading

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Orange County Register: Editorial: DEA must end its informant program now

Orange County Register: Editorial: DEA must end its informant program now: The DEA and other law enforcement agencies face skewed priorities when they can search and seize property — and then keep the proceeds — without so much as probable … Continue reading

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W.D.N.Y.: CI with good track record isn’t less believable because she had a relationship with the def which “soured”

The CI in this case had a track record. Then she was involved with defendant, and then she set defendant up, too. The fact their relationship “soured” didn’t undermine her credibility on the question of probable cause. United States v. … Continue reading

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N.D.Ohio: Def’s going home after a drug deal shows nexus for SW for house

“Here, the affidavit provides that the confidential informant had been providing information to the task force for 11 months, he had no criminal convictions, and his information has never been found to be false or misleading. (Aff. ¶ 13.) This, … Continue reading

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N.D.Ohio: SW affiant doesn’t need to include CI’s criminal history, too, if it otherwise passes muster

The search warrant affiant wasn’t required to include the CI’s criminal history as a possible indicator of lack of credibility. The key is past information that has proven truthful or detailed or corroborated current observations that bespeak credibility. United States … Continue reading

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E.D.N.C.: CSLI warrant didn’t show PC on informant information or timeliness; GFE did not apply

The prospective CSLI warrant failed to show probable cause on the facts of informant hearsay or overcome staleness, and the motion to suppress is granted. (Also, the owner of a cell phone has standing to challenge GPS tracking of his … Continue reading

Posted in Cell site location information, Good faith exception, Informant hearsay, Probable cause | Comments Off

ID: Officer writing ticket providing backup to drug dog abandoned traffic ticket making it a criminal investigation; suppressed

The officer’s delaying of the traffic stop for 2½ minutes while performing a back-up function for a drug dog sweep violated defendant’s rights under the Fourth Amendment, because the seizure, initially valid based on a cracked windshield, became unreasonable after … Continue reading

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