N.D.Ind.: Not putting in affidavit after controlled buy that CI was searched doesn’t void the SW

The officer’s failure to include in the affidavit that the CI was searched before going in is a matter for the issuing judge to consider. “Here, the lack of information regarding the credibility of the purchasers as well as the lack of information regarding a pre-purchase search would be factors weighing against the Government in a probable cause determination. … As such, it cannot be said that Defendant was prejudiced by the omission of that information from the affidavit.” United States v. Bacon, 2019 U.S. Dist. LEXIS 93755 (N.D. Ind. June 5, 2019).

“Contrary to Drummond’s view, however, the affidavit for the warrant was not based solely on the informant’s tip. The tip, coupled with Deputy McGrath’s knowledge of Finley’s drug-dealing reputation, led her to conduct the extra patrol of the motel in order to investigate the tip. This investigation, in turn, led to facts and circumstances that demonstrated probable cause to obtain the warrant.” United States v. Drummond, 2019 U.S. App. LEXIS 16930 (4th Cir. June 5, 2019).*

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