Category Archives: Informant hearsay

OH5: Warrantless fire scene search after fire out, power off, and property secured was unreasonable

During a fire in a house, a grow operation was seen and reported to the police. By the time the police came in, the fire was out, the power was off, and the property was secure. The warrantless fire scene … Continue reading

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NC: CI merely located defendant; officers already had PC, so no disclosure of CI’s identity

Officers merely used the CI to locate the defendant, not for the probable cause to search, so no reason to disclose the CI is shown. State v. Heard, 2018 N.C. App. LEXIS 828 (Aug. 24, 2018). The dash cam video … Continue reading

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PA: Complete lack of corroboration of CI showed no PC for SW

The affidavit for search warrant did nothing to corroborate the CI. The only inference that can be drawn is that more investigation is required, and it wasn’t done. Therefore, there was no probable cause on the face of the affidavit, … Continue reading

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D.Kan.: Arrest for possession of cash wasn’t even reasonably valid under state law; exclusionary rule applies in federal court

Defendant was stopped, and the officer gave a warning. He continued asking questions which led to a consent search finding cash. The officer then arrested defendants for possession of the proceeds of a drug transaction. Only there were no probable … Continue reading

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CA7: CI was a co-conspirator, and corroboration was required

This § 1983 case over a state court search warrant and search essentially seeks to relitigate in federal court the issuance of the warrant, which is not the prerogative of a federal court. Instead, the court finds corroboration of the … Continue reading

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CA6: Video of controlled buy corroborated CI; fact drugs wasn’t mentioned doesn’t mean no PC

The CI’s story is confirmed by the audio and video of the following controlled buy. Defendant’s claim that the money could have been paid for something else doesn’t undermine the probable cause. “Here, despite no explicit discussion of drugs, put … Continue reading

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IN: Even though def called off drug deal with CI at last minute there still was RS

The CI was working off his own charges. The CI had to make several tries to make a deal with defendant, and, when it happened, there was advance planning related by the CI. They also were talking on a cell … Continue reading

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NE: State dropping count CI was witness in keeps identity under wraps; can’t show materiality to other counts

The CI was used to get the search warrant for drugs in defendant’s house. During the search, the CI said there would be a gun, and officers found it. Later, the state chose not to pursue the drug charge but … Continue reading

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CA11: Def’s 4A challenge doesn’t satisfy successor habeas standard; not even habeas standard

“First, Fails argues that his First and Fourteenth Amendment rights were violated when he was arrested because he was never read his Miranda rights and never signed a card waiving those rights. Second, he argues that his Fourth and Fourteenth … Continue reading

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CA6: CI’s past reliability supported reliability here

“Here, the totality of the circumstances reveals enough to get the Government over the goal line, though perhaps not with a lot of breathing room. First, O’Bryan was a known informant. That means that O’Bryan “would [have been] subject to … Continue reading

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D.Minn.: USMJ’s order to disclose all CIs is overbroad; not if they aren’t trial witnesses

The USMJ’s order to disclose all information about the informants was overbroad because it included informant’s who are not trial witnesses. It is limited to those who are trial witnesses. United States v. Bias, 2018 U.S. Dist. LEXIS 112605 (D. … Continue reading

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OH2: Towing company couldn’t be ordered to return car without being heard

The trial court doesn’t have the power to order the towing company to return defendant’s car without it being heard. It does, however, have the power to order the police to return what it seized that it does not need … Continue reading

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