Category Archives: Informant hearsay

NY4: Officer had RS for encounter that def fled from and hid object under leaves in flight

The officer had reasonable suspicion for an encounter and defendant fled from him, hiding an object under leaves in flight which was abandonment. People v. Thacker, 2017 NY Slip Op 09081, 2017 N.Y. App. Div. LEXIS 9104 (4th Dept. Dec. … Continue reading

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S.D.Ind.: SI of duffle bag at feet of handcuffed suspect reasonable when he wouldn’t answer questions about having gun

Search incident of defendant’s duffle bag was reasonable because, while handcuffed, his hands were relatively mobile around his waist and he refused to answer questions about whether he had a gun. United States v. Veach, 2017 U.S. Dist. LEXIS 209971 … Continue reading

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D.Minn.: Search of house for drug trafficking revealed a surveillance system and DVR; it was reasonable to conclude evidence of trafficking would be on it too for a separate SW

When executing a search warrant for drugs and guns, founded on a strong showing of probable cause, and the police finding pounds of methamphetamine and multiple firearms, discovery of surveillance cameras and a DVR not connected to a satellite or … Continue reading

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PA: Anonymous tip man on specific bus was armed was insufficient for stop and frisk of def

An anonymous tip that a man on a specific bus was carrying a gun was insufficient to stop and frisk the defendant. When the officer drew a gun on him he was detained, and his subsequent actions could not be … Continue reading

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CA3: Frisk was justified by RS and plain feel of drugs resulted

The officer had reasonable suspicion to frisk defendant, and the drugs in his pocket were discovered by plain feel. United States v. Graves, 2017 U.S. App. LEXIS 25157 (3d Cir. Dec. 13, 2017). Smell of marijuana during a traffic stop … Continue reading

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Cal.6th: Citizen informant’s report def matched a BOLO of a sex offender justified talking to him, and his probation search condition justified search

A San Jose bus driver thought that a passenger on a bus was a person there was a BOLO out on for having committed a lewd act on a child on a bus that was captured on the bus video. … Continue reading

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D.Md.: Nexus shown by def’s car driven to drug deal was registered at his house and he left there to do the deal

Defendant was alleged to have left the address his car was registered at to go to a controlled buy. That showed nexus to the house. United States v. Goldsberry, 2017 U.S. Dist. LEXIS 199446 (D. Md. Dec. 4, 2017). Defendant … Continue reading

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N.D.Ind.: CI “working off” his own case is not inherently unbelievable because he needs substantial assistance for a 5K1.1

A CI “working off” his own case is not inherently unbelievable. If anything, such a CI has an incentive to be truthful because, if he’s not, he could lose a USSG § 5K1.1 reduction for not substantially assisting the government. … Continue reading

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CA8: Def failed to show omission of CI’s background would have vitiated PC

“Claybron argues that the omission of the confidential informant’s background information weighed so heavily on her credibility that, had it been considered, the warrant would not have issued. ‘We review the trial court’s findings of fact for clear error and … Continue reading

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LA5: CI’s story provided PC for defendant’s stop for a hand-to-hand transaction police then observed

The CI provided probable cause for defendant’s stop for a hand-to-hand transaction. The CI’s story was that was what was going down, and defendant came up to the car and leaned in. While the officers didn’t see what happened in … Continue reading

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NC: IP address on pizza order led to PC for SW for def’s house as robber of driver

A Domino’s driver was robbed and hit with a baseball bat and knocked out. Police looked for possible robbers but found nobody. A “confidential source of information” (actually citizen informant who’s identity was withheld for protection against retaliation) said that … Continue reading

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NM: Citizen informant’s call about erratic driving was RS for stop when the vehicle was found

Citizen informant’s call to the police about erratic driving was reasonable suspicion for defendant’s stop when the car was found. State v. Tidey, 2011-NMCA-068, 2017 N.M. App. LEXIS 103 (Oct. 17, 2017). The stop was justified by a lane change … Continue reading

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