Daily Archives: May 25, 2017

TN: Def’s disclaimer of interest in apartment he was in denied him standing

The trial court credited the officer’s testimony that defendant said that he could not consent to a search of the apartment he was in because it wasn’t his residence. That meant he lacked standing. The police came there expecting it … Continue reading

Posted in Standing | Comments Off

WV: Def’s brother was the CI for a DUI stop

Defendant’s brother was the citizen informant who reported he was driving under the influence, and he was giving the police information by phone about where he was. The stop was with reasonable suspicion. State v. Wood, 2017 W. Va. LEXIS … Continue reading

Posted in Informant hearsay | Comments Off

MO: Systemic negligence in officer’s preparation of SW affidavits showed GFE couldn’t be relied upon

On remand from State v. Robinson, 454 S.W.3d 428 (Mo. App. 2015), the only evidence in the record showed that the officer who prepared the affidavit was systemically negligent in the preparation of search warrant affidavits, and that precludes application … Continue reading

Posted in Good faith exception | Comments Off