Category Archives: Informant hearsay

MA: First time CI still corroborated by “imperfectly executed controlled ‘buy’”

“In this interlocutory appeal by the Commonwealth, we must decide whether the information provided by a first-time, confidential police informant (CI) was sufficiently corroborated by a single, imperfectly executed controlled ‘buy’ of cocaine for the purposes of establishing probable cause … Continue reading

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S.D.Ga.: CI information was a little stale, but the officer’s corroroboration was with current information and that overcame staleness

The CI’s information was a little dated and potentially stale, but it was corroborated by current information and that was probable cause. United States v. Mobley, 2018 U.S. Dist. LEXIS 101640 (S.D. Ga. June 18, 2018). “In this case, by … Continue reading

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GA: Controlled buy by CI corroborates CI and is PC in itself

“‘Under the common sense approach to search warrants, a controlled buy strongly corroborates the reliability of the informant and shows a fair probability that the contraband would be found.’… Indeed, ‘even if the informant had no known credibility, the controlled … Continue reading

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NC: Seeing a “pipe” in a house in affidavit for SW doesn’t tell whether it was drug paraphernalia; no PC

The affidavit for the search warrant in this case mentioned that a pipe was seen in defendant’s house. The court of appeals finds that the affidavit doesn’t tell enough to determine whether it was a pipe for use for ingesting … Continue reading

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D.Mont.: No SW needed for non-tribal officer to enter a reservation

The search here was in a remote area on the Crow Nation. First, officers had exigency because it was cold, raining, and getting dark, and evidence might be lost. Also, defendant was abandoned there by his assault victim, and he … Continue reading

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S.D.Ga.: Failure to describe a CI as a “paid informant” isn’t material; every CI has a reason for providing information

Failure to describe the CI as a “paid informant” doesn’t undermine his credibility. Every issuing magistrate should know that a CI has some motive for providing information, be it money or leniency. United States v. Mobley, 2018 U.S. Dist. LEXIS … Continue reading

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W.D.Wash.: Motel 6’s own policy of giving ICE & DHS its customer names doesn’t bring it within Patel

Motel 6 in Washington state was providing guest registry information to ICE and DHS, and the state sued them in state court. It was removed to federal court. The case is remanded. Because Motel 6 was providing it voluntarily, Patel … Continue reading

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E.D.Ky.: The fact the regular CI was also a drug addict didn’t make him unreliable or unbelievable [on a pretrial release application]

“The Court does not find this argument persuasive. Cooperation with law enforcement suggests reliability of Mr. Brown’s statements. See, e.g., United States v. Pinson, 321 F.3d 558 (6th Cir. 2003) (upholding search warrant predicated on information from a confidential informant … Continue reading

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E.D.Mich.: Def was essentially and admittedly an “innocent bystander” at the place searched and had no standing

This defendant had no standing in the condo that was searched under a search warrant. He produced nothing to show that he had any connection to the property or was a guest with a connection to the premises, even an … Continue reading

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E.D.Mich.: Motion to suppress cell phone SW1 led to issuance of SW2, and SW2 was legally sufficient

Defendant’s cell phone was properly seized incident to his arrest. It was later searched with “search warrant 1.” When the defense filed a motion to suppress, the government got “search warrant 2” which was legally sufficient. United States v. Bailey, … Continue reading

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D.Minn.: 5 uncorroborated anonymous callers wasn’t PC

Five anonymous callers claimed defendant was selling drugs. “The Government’s argument is unavailing because, as [USM] Judge Brisbois observed, ‘[i]t is objectively unreasonable for an officer with over 10 years of experience to present a search warrant affidavit to a … Continue reading

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NJ: Reliability of CI isn’t a question for a bail hearing

“We do not rule on the validity of the search warrant now. But we note that it supports the informant’s veracity by pointing to past instances of reliability, and expressly details what the informant knew of the criminal activity from … Continue reading

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