Category Archives: Informant hearsay

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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S.D.Fla.: Pictures on def’s Instagram account corroborated CIs

Defendant’s Instagram pages allowed agents to see photographs of firearms and bottles of promethazine with codeine (“molly”) and marijuana. Defendant was already a suspected molly distributor with two prior cocaine convictions, and that substantially helped show probable cause for a … Continue reading

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D.Minn.: Not subpoenaing drug dog’s records not shown to be IAC for lack of prejudice

Defense counsel not subpoenaing the drug dog’s records wasn’t prejudicial where defendant can’t show that the drug dog’s use would be disallowed in the case. “There is no reason to believe that any additional information would have altered the probable … Continue reading

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D.Nev.: No RS for patdown; result of patdown and car search excised from SW affidavit and remainder lacks PC because informant uncorroborated

Defendant was stopped for speeding in a residential area, and he could be ordered out of the vehicle. His patdown, however, was unreasonable because there was no reasonable suspicion for it either by his word or actions or bulges in … Continue reading

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