E.D.Tex.: Alleged police induced private search in SW affidavit mooted by fact remainder still shows PC

Defendant’s landlord conducted a private search of his apartment and brought out 2 lbs of meth to the police saying there was more inside. He argues that this information in a search warrant application should be purged because the landlord was acting as an agent of police [which actually has surface appeal here]. The court, however, strikes the landlord’s search from the affidavit, and the remainder still shows probable cause. The first time informant was still worthy of credit. Every CI is a first timer sometime. United States v. Mendoza, 2016 U.S. Dist. LEXIS 47114 (E.D. Tex. March 17, 2016).

Defendant revoked the implied consent under the state DUI statute. Thus, the forced warrantless blood draw was unconstitutional. State v. Eversole, 2016 Ida. LEXIS 104 (April 4, 2016).