Category Archives: Informant hearsay

D.Minn.: The affidavit for SW was somewhat conclusory, but the officer’s efforts to corrorobate the CI showed GF

Officers had probable cause for a Facebook tracking warrant to provide information of where he was when he posted about his travels south to acquire fentanyl for sale in Minnesota based on informant hearsay and his two pending drug cases. … Continue reading

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D.S.C.: Younger doctrine precludes habeas action against pending state criminal case, here over the search

Petitioner’s 2241 habeas action against an ongoing state prosecution challenging the search is barred by Younger. Johnson v. Warden Marlboro Cty. Det. Ctr., 2023 U.S. Dist. LEXIS 67605 (D.S.C. Apr. 17, 2023). Defendant’s girlfriend accidentally saw child pornography on defendant’s … Continue reading

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E.D.Wis.: “Whistleblower” is still a CI whose story must be corroborated

A business fraud “whistleblower”’s statement was too conclusory to show probable cause. Franks hearing granted. United States v. Schampers, 2023 U.S. Dist. LEXIS 68205 (E.D. Wis. Apr. 19, 2023). Defendant was driving back and forth between Plattsburgh NY and Burlington … Continue reading

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CA4: CI’s 911 call showing stress of a startling event was reliable

A CI’s 911 call “‘under the stress of excitement caused by a startling event’ (making the call less likely to be preplanned),” was reliable enough for reasonable suspicion. Torres v. Ball, 2023 U.S. App. LEXIS 9076 (4th Cir. Apr. 17, … Continue reading

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MI: Trees on undeveloped land were not “effects” for 4A

A city ordinance regulating trees was not a Fourth Amendment seizure because the trees were not on the curtilage of a home and weren’t independently subject to the Fourth Amendment. (Otherwise, a taking occurred, and that’s way outside the scope … Continue reading

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DE: Uncorroborated CI doesn’t provide PC

The CI was not sufficiently corroborated, and it thus fails to show probable cause. State v. Mason, 2023 Del. Super. LEXIS 172 (Apr. 6, 2023)*:

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E.D.N.Y.: Not responding to govt’s 4A response brief amounts to waiver

Not responding to the Fourth Amendment issues in post-hearing briefing was waiver. Defendant loses on the merits anyway. Defendant retrieved sham cocaine (replaced by CBP) in the avionics compartment of an American Airlines plane. He consented to the search of … Continue reading

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OH3: Threat to get a SW didn’t coerce consent where there was PC for one

Defendant was alleged to have consented to a blood draw in a DUI case. When he hesitated, the officer said that he’d get a search warrant if defendant didn’t go through with it. There’s a difference between the officer saying … Continue reading

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OH3: Look behind refrigerator during exigent entry was inadvertent plain view

The warrantless entry into defendant’s house was justified by the exigency of a child allegedly in peril, which was not in dispute. While waiting for paperwork to be completed, one officer could see slightly behind the refrigerator and saw packaged … Continue reading

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CA7: Def seen on his way to a controlled buy was PC

There was probable cause for the search of defendant’s car stopped on the way to a controlled buy. United States v. Coates, 2023 U.S. App. LEXIS 6108 (7th Cir. Mar. 15, 2023).* Unreasonable responses from defendant stopping at a salvage … Continue reading

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D.Me.: CI adequately shown credible enough for PC

There’s no sufficient basis for a hearing on the credibility of the CI because it’s adequately shown he’s credible enough. Moreover, he also doesn’t get a hearing just to cross the CI. United States v. Botello, 2023 U.S. Dist. LEXIS … Continue reading

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CA5: Mandatory GPS monitoring of charter boats arbitrary under legislation invoked for it

A rule for mandatory GPS monitoring on all charter boats in the Gulf of Mexico, whether used commercially or for personal use at the time, was arbitrarily adopted in violation of the APA. GPS monitoring furthers no government interest under … Continue reading

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CA6: SW for home DVR failed to allege criminal evidence would be found and violates 4A

There was a fire in a shed that was likely caught by defendant’s home surveillance camera. He declined to turn it over to investigators investigating the cause of the fire. They don’t even know that the fire was arson. The … Continue reading

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E.D.Va.: No 4A right to notice before a search occurs; state search law inapplicable in federal court

Defendant’s Fourth Amendment claim is that he was given no notice that his phones had been searched, citing Virginia law, which is irrelevant in a federal prosecution, even though state officials did all the searching. There’s no constitutional right to … Continue reading

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W.D.Okla.: MJ user not barred from handgun possession under § 922(g)(3)

A marijuana user is not barred from possessing a handgun under Heller and Bruen under § 922(g)(3). The case makes passing reference to the Fourth and Second Amendments reflecting current rights in 1789. (It’s only here because it’s really interesting.) … Continue reading

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IL: Circumstances made SW affidavit admissible at trial

The trial court abused its discretion in not permitting the defense to use the search warrant affidavit at trial that showed the warrant was targeting another person for other things other than what was found. The court cautions this may … Continue reading

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E.D.Tenn.: 11 day delay in getting computer SW not unreasonable

Depending on how one counted the time between the seizure of the cell phone and the search warrant, it was either 3 or 11 days, and either is reasonable. United States v. Deakins, 2023 U.S. Dist. LEXIS 6661 (E.D. Tenn. … Continue reading

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CA6: Anonymous tip shown reliable enough for probation search

This anonymous tip of criminality of a probationer was shown to be reliable enough for reasonable suspicion. United States v. Rogers, 2023 U.S. App. LEXIS 786 (6th Cir. Jan. 11, 2023). Defendant is accused of vandalizing the Anchorage Jewish Museum. … Continue reading

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IA: “Driving while black” rejected because stop was objectively reasonable

Defendant sought to cast his stop as pretextual and “driving while black,” but it’s rejected because the stop was objectively reasonable. “We conclude that while the officer’s actions placed Cyrus in a situation with an unarguable ‘moral and instinctive pressure[ … Continue reading

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OH8: Calling for drug dog after warning ticket issued unreasonably extended stop

“Regardless, Officer Ashenfelter acknowledged that the traffic violation investigation was completed at 11:10. He called for the canine unit at 11:12, and the canine unit arrived at 11:18 a.m. [¶] Thus, the evidence reflects that the officer, after completing his … Continue reading

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