{"id":1590,"date":"2007-12-14T19:30:36","date_gmt":"2007-12-08T08:47:40","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2007-12-08T08:47:40","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1590","title":{"rendered":"TN: Affidavit for search warrant showed no veracity of CI"},"content":{"rendered":"

Everything in the affidavit failed to satisfy Aguilar-Spinneli<\/em>, the state standard: There was no showing of the reasons for veracity of the confidential informants part of the criminal milieu and the citizen informant’s statements showed nothing for basis of knowlegde. The result is dismissal of the case. State v. Graves<\/a>, 2007 Tenn. Crim. App. LEXIS 929 (December 5, 2007).*<\/p>\n

“The proof does not preponderate against the trial court’s finding that Rose waited for the Appellants to return home and asked them for consent to search the rest of the house, which we conclude that they provided, without reluctance, in written form, voluntarily and without coercion. We hold that in this case the State carried its burden of establishing that the Appellants’ consent to search their home was freely and voluntarily given.” State v. Lard<\/a>, 2007 Tenn. Crim. App. LEXIS 928 (December 5, 2007).*<\/p>\n

Probable cause was based on overhearing the informant and the defendant talk about a drug deal and then seeing it go down. State v. Scruggs<\/a>, 2007 Ohio 6416, 2007 Ohio App. LEXIS 5634 (12th Dist. December 3, 2007).*<\/p>\n

There is no freedom from search and seizure in a prison, even one the inmate perceives is harassing. Reznickcheck v. N. Cent. Corr. Inst.<\/a>, 2007 Ohio 6425, 2007 Ohio App. LEXIS 5621 (3d Dist. December 3, 2007).*<\/p>\n

Search of defendant’s person for a lump at his belt that was apparently a bag of drugs. The stop was valid, and the lump was seen immediately when defendant got out. There was no time to get a warrant. State v. Blandin<\/a>, 2007 Ohio 6418, 2007 Ohio App. LEXIS 5620 (3d Dist. December 3, 2007).*<\/p>\n

The video of defendant’s driving showed a factual basis for his stop. State v. Boon<\/a>, 2007 Tenn. Crim. App. LEXIS 915 (December 4, 2007).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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