Category Archives: Informant hearsay

MI: Passenger in car has standing to challenge search of his own backpack (overruling LaBelle)

While a passenger in a car normally doesn’t have standing in the contents of a car, he does in his own backpack that he was carrying when he got into the car. The driver couldn’t consent to a search of … Continue reading

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CA11: Use of def’s nickname was PC where officer could connect it to def

The use of defendant’s nickname by the CI was sufficient when the officers could equate that with defendant, and Wong Sun is distinguished where the officers couldn’t. Entry for a protective sweep before the search warrant was issued didn’t violate … Continue reading

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DE: Vague CI information and lack of nexus to def’s home required suppression

There was no substantial basis for a finding of probable cause for this search warrant. Not only were the credibility and reliability of the informant questionable, but the tip was overly broad and made no mention of defendant’s residence and … Continue reading

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N.D.Miss.: There’s no right to counsel during execution of a SW where defendant isn’t arrested and being questioned

“Mr. Pillault also argues that he received ineffective assistance of counsel because he had no counsel present when his home was searched. This claim is simply frivolous.” Pillault v. United States, 2019 U.S. Dist. LEXIS 58295 (N.D. Miss. Apr. 4, … Continue reading

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MA: Scope of probation search wasn’t justified by the RS

The probation search of defendant’s bedroom wasn’t justified by the reasonable suspicion that authorized it. “The Commonwealth’s contention that Valenti’s entry into the bedroom was justified as a protective sweep is equally unavailing.” Special needs didn’t work for the state … Continue reading

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NY4: State didn’t show that CI actually existed; reversed

The state didn’t make a sufficient showing required by NY law that the CI actually existed. The motion to suppress should have been granted. People v. Givans, 2019 NY Slip Op 02220, 2019 N.Y. App. Div. LEXIS 2237 (4th Dept. … Continue reading

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N.D.Va.: False name during traffic stop justified extending stop

Defendant’s providing a false name was enough for the officer to extend the stop with reasonable suspicion. United States v. Boley, 2019 U.S. Dist. LEXIS 46935 (N.D. Va. Mar. 21, 2019). Revealing the plaintiff’s identity as a CI in a … Continue reading

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ND: Citizen informants are presumed reliable

Citizen informants are presumed reliable. Coupled with trash pulls and the informants’ reports of repeated short term stays at defendant’s house, there was probable cause. State v. Laverdure, 2019 ND 72, 2019 N.D. LEXIS 59 (Mar. 15, 2019). Officers had … Continue reading

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FL2: Search incident for being in a city park after hours unreasonable

A custodial arrest for being in a city park after closing time and a search incident was invalid. State law cautions against search incident for noncriminal violations. Nelson v. State, 2019 Fla. App. LEXIS 3159 (Fla. 2d DCA Mar. 1, … Continue reading

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W.D.Wash.: 14 month delay in searching seized cell phone was reasonable because it wouldn’t have been returned anyway

A 14 month delay between seizure and search of defendant’s cell phone was not unreasonable because the phone would not have been returned to defendant in any event. Plus, he was in jail and couldn’t possess it. United States v. … Continue reading

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N.D.Cal.: No RS for stop for alleged street deals based on CI

The officers’ claimed reasonable suspicion of street drug deals in San Francisco’s Tenderloin District just doesn’t add up to it on the totality of circumstances. The CI wasn’t adequately corroborated. The stop and frisk fails. United States v. Castaneda, 2019 … Continue reading

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D.D.C.: Protective order issued to keep def from seeing body camera videos in discovery

There were several body camera videos relating to this case as well as the search and seizure. The issue here is the scope of a protective order to keep defendant from seeing. The government met its burden of showing good … Continue reading

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