Category Archives: Informant hearsay

WV: Def’s brother was the CI for a DUI stop

Defendant’s brother was the citizen informant who reported he was driving under the influence, and he was giving the police information by phone about where he was. The stop was with reasonable suspicion. State v. Wood, 2017 W. Va. LEXIS … Continue reading

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PA: A def’s “admission transmitted through an informant is only as reliable as its conduit is trustworthy”

“[A]n admission per se is inherently reliable evidence” sufficient to establish probable cause to arrest, but holding that “an admission transmitted through an informant is only as reliable as its conduit is trustworthy.” Commonwealth v. Stokes, 480 Pa. 38, 389 … Continue reading

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N.D.Ala.: Telling officer he could “check it” after request for consent is consent

The stop was on a city street, and defendant said the officer could “check it” when asked for consent. He was free to go [if he was willing to walk off from his car] when he consented. United States v. … Continue reading

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E.D.Tenn.: Video showed clear consent and contradicted def’s testimony

Defendant consented to the search of her purse. The video clearly shows that, and it contradicts the defendant’s testimony. United States v. West, 2017 U.S. Dist. LEXIS 58892 (E.D. Tenn. Jan. 6, 2017),* adopted, 2017 U.S. Dist. LEXIS 58672 (E.D. … Continue reading

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CO: Unconscious [and dead] drivers have consented to a blood draw

Unconscious drivers have consented to a blood draw by statute, and it’s constitutional. People v. Hyde, 2017 CO 24, 2017 Colo. LEXIS 282 (April 17, 2017); People v. Simpson, 2017 CO 25, 2017 Colo. LEXIS 283 (April 17, 2017); Fitzgerald … Continue reading

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AK: Street rumor supplemented by controlled buy was PC

The CI passed on information from others that was virtually only a street rumor that he then corroborated with a controlled buy. The totality was probable cause. Hart v. State, 2017 Alas. App. LEXIS 59 (April 14, 2017). The officer … Continue reading

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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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