D.Utah: Repeated flushing of toilet in a hotel room added to PC

“All of these facts, taken in their totality, support a finding of probable cause. There was a fair probability that the Defendant was present in room #209 based upon the informant’s tip indicating he was there, Defendant’s motorcycle found in the hotel’s parking lot, a known associate also at the hotel, and that he was not present in the one of two rooms rented by an associate. [¶] Similarly, the repeated flushing of toilets of room #209, coupled with a distributable quantity of drugs, a large amount of cash, and a handgun found in proximity to room #209’s open window, creates probable cause to search the room.” United States v. Schenck, 2017 U.S. Dist. LEXIS 104409 (D. Utah July 3, 2017).

The CI here was a drug user and prostitute who made 10-20 calls to the police about defendant’s activities. She otherwise had a history of passing on reliable information. Enough was corroborated to rise to reasonable suspicion. State v. Pradubsri, 2017 S.C. App. LEXIS 59 (July 19, 2017).*