Two controlled buys: one not done right, one good

The search warrant was based on a controlled buy, but the CI doing the buy was controlled enough to know that what was acquired came from defendant. Therefore, probable cause is lacking, and the good faith exception won’t be applied. State v. Vance, 2019 Ind. App. LEXIS 62 (Feb. 13, 2019).

“Defendant argues that the affidavit in support of the search warrant relies too heavily on conclusory statements, rather than underlying facts, and therefore cannot support probable cause. The affidavit, however, is much more specific than Defendant’s characterization and describes in detail a controlled purchase of methamphetamine from Cisneros-Razo.” United States v. Nieves, 2019 U.S. Dist. LEXIS 23186 (D. Ore. Feb. 13, 2019).*

This entry was posted in Good faith exception, Probable cause. Bookmark the permalink.

Comments are closed.