The pinging of defendant’s cell phone to find him was without a warrant. If it was constitutional error, it was harmless beyond a reasonable doubt. People v. Moorer, 2018 NY Slip Op 00754, 2018 N.Y. App. Div. LEXIS 697 (4th Dept. Feb. 2, 2018).
When independent corroboration of a CI established probable cause, there is no requirement of a hearing to establish the CI exists. People v. Johnston, 2018 NY Slip Op 00762, 2018 N.Y. App. Div. LEXIS 700 (4th Dept. Feb. 2, 2018).*
The defendant and another juvenile were pacing back and forth in front of a Mexican restaurant in a strip mall at 1:30 am as they were closing. The owner called police because he feared a robbery. When police arrived, the two ran behind the strip mall, but they were found by another officer and stopped at gun point until he had backup. The officers decided to take them home, and, at the other’s apartment, a gun was found outside. That officer told the other, and that led to a statement from this defendant. The custody was reasonable. J.G. v. State, 2018 Ind. App. LEXIS 28 (Jan. 31, 2018).*