Category Archives: Informant hearsay

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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PA: SW for house permitted search of guest’s pants that were on floor when the police arrived

Police came with a drug search warrant into the house of another where defendant was sleeping with a woman, and told him to get up. He reached for his nearby pants, and they took them and searched them finding his … Continue reading

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NY4: State didn’t prove stop justified for consent given in an interview room 4½ hrs later

At the suppression hearing from this 2001 stop, defendant consented in an interview room 4½ hrs after the stop to an officer who had nothing to do with the stop. The state didn’t prove the consent by failing to call … Continue reading

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W.D.La.: Deciding against def after remand on suppression motion on different ground didn’t violate mandate

On remand from reversal of denial of defendant’s suppression motion, the court analyzed the evidence anew, albeit from a different perspective, and it denies the motion to suppress on different grounds. This does not violate the Fifth Circuit’s mandate. Defendant … Continue reading

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MA: Anonymous tip only corroborated on obvious details not sufficient

The state failed to corroborate at all the basis of knowledge or reliability of the anonymous source. The described car showing up at the appointed time isn’t enough. Commonwealth v. Pinto, 2017 Mass. LEXIS 21 (Jan. 23, 2017):

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KY: Blood and debris trail to def’s open door and his refusal to talk about who was inside or what happened justified entry

Exigent circumstances justified the officers’ entry into defendant’s home. There was a blood trail that did not go all the way back to his apartment, but there was a debris trail, too, he was badly hurt and bleeding, and he … Continue reading

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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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