CA7: CI identity irrelevant because of controlled buys

This case is about fentanyl on defendant’s person, so the identity of the CI that led police to him is irrelevant under Roviaro. Controlled buys justified his arrest. United States v. Johnson, 2024 U.S. App. LEXIS 4450 (7th Cir. Feb. 27, 2024).

NCMEC’s review of metadata in child porn files was within the scope of a previously issued search warrant. So, the private search doctrine doesn’t matter. United States v. Johnson, 2024 U.S. App. LEXIS 4453 (2d Cir. Feb. 27, 2024).*

“Reasonable suspicion is “considerably less than proof of wrongdoing by a preponderance of the evidence’ and less than probable cause, which is ‘a fair probability that contraband or evidence of a crime will be found.’ Id. (quotations omitted). When deciding if reasonable suspicion exists, we must review the ‘totality of the cir-cumstances’ to ascertain whether an officer had a ‘particularized and objective basis for suspecting legal wrongdoing.’ … In so doing, we must give due weight to an officer’s experience. … None of the suspect’s actions, however, need be criminal on their face to pro-vide a trained officer with reasonable suspicion. … An arresting officer’s state of mind, except for the facts he knows, is irrelevant to the existence of probable cause. … An officer’s ‘subjective reason for making the arrest need not be the criminal offense as to which the known facts provide probable cause.’ Id. ‘A traffic stop based on an officer’s incorrect but reasonable assessment of facts does not violate the Fourth Amendment.’ … Officers may rely on ‘common sense conclusions’ in assessing the facts. Reasonable suspicion is determined from the collective knowledge of all officers involved in the stop.” United States v. Baker, 2024 U.S. App. LEXIS 4431 (11th Cir. Feb. 27, 2024).*