{"id":3872,"date":"2010-02-19T05:39:06","date_gmt":"2010-02-19T05:39:06","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-02-19T05:39:06","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3872","title":{"rendered":"D.N.M.: Amtrak ticket agent a CI not subject to disclosure in reporting a possible drug courier"},"content":{"rendered":"

An Amtrak ticket agent who reported a suspicious traveler to the police under a drug courier profile was an informant whose identity was not subject to disclosure under Roviaro<\/a> and McCray<\/a>. The police acted on it after confirming the details. United States v. McKenzie, 2010 U.S. Dist. LEXIS 13362 (D. N.M. January 28, 2010).<\/p>\n

Court erroneously shifts burden of persuasion to the defendant to prove that the warrantless search of his car was a violation of the Fourth Amendment. United States v. Boyce, 2010 U.S. Dist. LEXIS 13342 (N.D. Ill. February 16, 2010)*:<\/p>\n

The court has now held numerous evidentiary hearings in this case, reviewed multiple briefs submitted by the parties, and listened to the testimony of numerous witnesses. Boyce himself was the least credible witness throughout the proceedings. On the other hand, the testimony of Deshaies, Reichart and even Moore (who, of course, was called by the defense) was all very credible. While Boyce managed to create factual disputes in this case pertaining to the traffic stop, the court concludes that he has failed to carry his burden of proving by a preponderance of the evidence that the conduct of Officer Deshaies was violative of Boyce’s Fourth Amendment rights in any way. Boyce was afforded ample opportunity to present his arguments, but he failed to present any credible evidence to support those arguments, or any credible evidence to refute the version of events recounted by Deshaies. For all of these reasons, Boyce’s motion to suppress evidence is denied.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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