Category Archives: Informant hearsay

NY3: In camera CI reliability hearing established it

“Based on our in camera review of the transcript of the Darden hearing, we are satisfied that County Court properly determined that the CIs existed and provided reliable and timely information that justified a finding that probable cause existed to … Continue reading

Posted in Informant hearsay | Comments Off on NY3: In camera CI reliability hearing established it

OR: Def disavowed consent issue in trial court, so he couldn’t argue it on appeal

Defendant disavowed the argument made on appeal in the trial court, and you just can’t do that. “Defendant failed to preserve his argument because he failed to provide the trial court with an objection, let alone ‘an explanation of his … Continue reading

Posted in Burden of pleading, Burden of proof, Informant hearsay | Comments Off on OR: Def disavowed consent issue in trial court, so he couldn’t argue it on appeal

D.Utah: The REP is reduced on the curtilage of a duplex

Defendant was found to have abandoned property on the common area of the duplex. The privacy of the curtilage is reduced when there are others on the joint property of a duplex. United States v. Lucero, 2018 U.S. Dist. LEXIS … Continue reading

Posted in Abandonment, Curtilage, Informant hearsay | Comments Off on D.Utah: The REP is reduced on the curtilage of a duplex

S.D.Ala.: That ID’ing informant “may reveal” information helpful to the defense isn’t good enough

The potential that the informant “may reveal” information helpful to the defense isn’t good enough to get the informant’s identification. United States v. Reed, 2018 U.S. Dist. LEXIS 25448 (S.D. Ala. Feb. 16, 2018). The entry was based on observation … Continue reading

Posted in Ineffective assistance, Informant hearsay | Comments Off on S.D.Ala.: That ID’ing informant “may reveal” information helpful to the defense isn’t good enough

CA7: Controlled buy corroborated CI

“Although the factors [on CI reliability] go both ways, on balance they support the CI’s reliability. Most significantly, the deputies corroborated the CI’s story with their own investigation by conducting surveillance and executing a controlled buy.” United States v. Haynes, … Continue reading

Posted in Excessive force, Informant hearsay | Comments Off on CA7: Controlled buy corroborated CI

GA: Hot pursuit of a traffic stop over jurisdictional lines not unlawful

Officer’s hot pursuit of a traffic offender into a different state jurisdiction didn’t void the stop. In addition, it was reasonable for the officer to time the stop for more level ground. State v. Charles, 2018 Ga. App. LEXIS 51 … Continue reading

Posted in Hot pursuit, Informant hearsay | Comments Off on GA: Hot pursuit of a traffic stop over jurisdictional lines not unlawful

NY4: Pinging cell phone was harmless error even if a warrant was required

The pinging of defendant’s cell phone to find him was without a warrant. If it was constitutional error, it was harmless beyond a reasonable doubt. People v. Moorer, 2018 NY Slip Op 00754, 2018 N.Y. App. Div. LEXIS 697 (4th … Continue reading

Posted in Cell phones, Cell site location information, Informant hearsay, Reasonable suspicion | Comments Off on NY4: Pinging cell phone was harmless error even if a warrant was required

CA7: Summary judgment for gov’t premature in case alleging frame up by crime lab analyst

Summary judgment was improperly granted for the government in a FTCA case that plaintiff was framed by knowingly false testimony from an arson lab analyst. Remanded. Bunch v. United States, 2018 U.S. App. LEXIS 2283 (7th Cir. Jan. 30, 2018). … Continue reading

Posted in Informant hearsay, Police misconduct, Probable cause | Comments Off on CA7: Summary judgment for gov’t premature in case alleging frame up by crime lab analyst

HI: Defendant could properly be prosecuted for refusing a breath test, but not a blood test

Defendant could properly be prosecuted for refusing a breath test, but not a blood test. State v. Wilson, 2018 Haw. App. LEXIS 25 (Jan. 26, 2018).* Defendant was a mere passenger in the car searched, and he lacks standing to … Continue reading

Posted in Drug or alcohol testing, Informant hearsay, Standing | Comments Off on HI: Defendant could properly be prosecuted for refusing a breath test, but not a blood test

DE: Def’s texting victim was nexus to the cell phone

Defendant’s texting the victim gives nexus to the cell phone. There was a temporal limit on the warrant. State v. Rizzo, 2018 Del. Super. LEXIS 44 (Jan. 26, 2018) There was reasonable suspicion for seizure of a FedEx package from … Continue reading

Posted in Informant hearsay, Nexus, Reasonable suspicion | Comments Off on DE: Def’s texting victim was nexus to the cell phone

NE: Having only key to rented car glovebox and not to car itself didn’t give standing

Having a key to the glovebox of a rented car, but not to the car itself, was not a sufficient reasonable expectation of privacy in the rented car to have standing. Defendant couldn’t get into the car without somebody else … Continue reading

Posted in Cell phones, Informant hearsay, Standing | Comments Off on NE: Having only key to rented car glovebox and not to car itself didn’t give standing

OR: CI privilege doesn’t require production of CI for in camera review if there is PC

While “Defendant does not challenge the trial court’s further determination that the affidavit contained sufficient information to establish the CI’s reliability and credibility,” he faults the trial court for not having the CI produced for in camera review. The identity … Continue reading

Posted in Informant hearsay, Protective sweep | Comments Off on OR: CI privilege doesn’t require production of CI for in camera review if there is PC