E.D.Tenn.: CI on the controlled buy wasn’t an “active participant” in the crime

The CI’s participation in the controlled buy that led to a search warrant doesn’t make the CI an “active participant” in the crime where that’s only the basis for issuance of the warrant and it’s not a separate charge. United States v. Loden, 2018 U.S. Dist. LEXIS 204069 (E.D. Tenn. Dec. 3, 2018).

Defendant’s car was stopped for 105 in an 80, and basic questions led to all kinds of reasonable suspicion that something was up. Also, Mrs. Rodriguez was eight months pregnant and there was a medical emergency. But they were going to her grandmother’s house. Reasonable suspicion had developed, including that her and the driver had a protective order between them. Rodriguez v. State, 2018 WY 134. 2018 Wyo. LEXIS 140 (Dec. 4, 2018).*

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