M.D.La.: Court finds RS for a traffic stop, so CI tip doesn’t have to be considered

“Turning to the facts of the instant case, the Court must resolve the central question: did Nations see Defendant commit a traffic violation? Having listened to Nations’ testimony, observed him in open court, and reviewed the video and written transcript and narrative, the Court finds that he did. As such, the Court does not address whether the tip provided an independent basis for reasonable suspicion.” United States v. Zeno, 2021 U.S. Dist. LEXIS 140967 (M.D.La. July 28, 2021).*

The affidavit for warrant showed that defendant’s drug operation was ongoing, so it was not stale by the time the warrant issued. “Given that the anonymous tip was substantially corroborated as to some of its details, Maldanado and Newman were justified in their reliance on the other portions of the anonymous tip — in light of the totality of the information in the supporting affidavit — in arriving at probable cause and applying for the search warrant.” Also, the ambiguity when a controlled buy occurred wasn’t determinative. United States v. Strange, 2021 U.S. Dist. LEXIS 140584 (E.D.N.C. July 28, 2021).*

A user of defendant’s computer found apparent child pornography in the recycle bin of defendant’s computer, and that was relayed to the police who had probable cause for a search warrant. Hutcheson v. State, 2021 Ga. App. LEXIS 401 (July 28, 2021).*cf