N.D.Ohio: Corroboration of CI for rectal SW was thin, but GFE applies

Based on a CI that was partially corroborated, officers believed defendant was concealing drugs in his rectum. They obtain a search warrant for a rectal search. The probable cause from the CI is thin. “Basic fairness requires the government to present stronger-than-usual support to justify such a necessarily invasive body search.” Corroborating the CI’s in “real-time” was “quite challenging.” The government acted in good faith, and they get the benefit of the good faith exception. United States v. Ruffin, 2019 U.S. Dist. LEXIS 22861 (N.D. Ohio Feb. 13, 2019):

In this case, the real-time nature of the Source’s tips made corroborating the alleged drug offenses and Ruffin’s concealment of the drugs quite challenging. Even so, the officers made meaningful efforts to independently investigate both through surveillance, other search methods, and questioning. The Court finds that the good-faith exception applies, as the affidavit was not “so lacking in indicia” of probable cause that the officers’ reliance on the warrant was unreasonable and not in good faith.

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