On remand from reversal of denial of defendant\u2019s suppression motion, the court analyzed the evidence anew, albeit from a different perspective, and it denies the motion to suppress on different grounds. This does not violate the Fifth Circuit\u2019s mandate. Defendant gets to conditionally plead anew if he wants to. United States v. Beene, 2017 U.S. Dist. LEXIS 5059 (W.D.La. Jan. 11, 2017).<\/p>\n
CI\u2019s information was fresh and detailed. \u201c\u2018An explicit and detailed description of alleged wrongdoing, along with a statement that the event was observed firsthand, entitles the [confidential informant’s] tip to greater weight than might otherwise be the case.\u2019 Brundidge, 170 F.3d at 1353 (confidential informant’s \u2018basis of knowledge was good\u2019 where the informant gave officers \u2018a detailed description of the drugs in the room and the sale of some of those drugs in his presence\u2019) (citing Gates, 462 U.S. at 234).\u201d United States v. Lambert, 2017 U.S. Dist. LEXIS 7649 (S.D.Ga. Jan. 19, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"
On remand from reversal of denial of defendant\u2019s suppression motion, the court analyzed the evidence anew, albeit from a different perspective, and it denies the motion to suppress on different grounds. This does not violate the Fifth Circuit\u2019s mandate. Defendant … Continue reading