CA3: CI claiming to have seen CP on defendant’s computer was not so unbelievable police could not act on it

A CI used defendant’s computer to illegally download music from it, and he saw child pornography. He was not so incredible that the officers could not act on what he said. A search warrant properly issued on this independent information. United States v. Barefoot, 2010 U.S. App. LEXIS 16388 (3d Cir. August 5, 2010) (unpublished)*:

When detectives interviewed Beley and searched Barefoot’s apartment prior to the warrantless search, they were following up on Lukotich’s tip, which they would not have done had they believed Lukotich’s tip lacked credibility. Additionally, by telling police that he had violated Barefoot’s privacy to download music, Lukotich incriminated himself, which bolsters his credibility. Detectives had enough information from Lukotich’s tip and their interview with Beley linking Barefoot to the apartment to have been prompted to apply for a warrant. The court may presume law enforcement officers will act reasonably, absent evidence to the contrary. See United States v. Sicilano, 578 F.3d 61, 69 (1st Cir. 2009). Therefore, the District Court did not err in holding that there was an independent source for the evidence.

Plaintiff’s Bivens claim against IRS agents who searched his house for a tax violation seizing $19,000 which is what his wife said. At a bank, the counting machine only recorded $17,000, and that is what they obtained a cashier’s check for. He sued for theft of $2,000. The court held that the law was not clearly established that the alleged theft of $2,000 after a lawful seizure with a warrant violated the Fourth Amendment. Springer v. Albin, 2010 U.S. App. LEXIS 16324 (10th Cir. August 5, 2010) (unpublished).*