{"id":3958,"date":"2010-05-16T20:02:34","date_gmt":"2010-03-16T05:51:41","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-03-16T05:49:38","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3958","title":{"rendered":"VA: Recitation of CI’s performance in the past was too general, and only innocent details were corroborated"},"content":{"rendered":"

CI provided information resulting in a dozen other search warrants, but the officers provided nothing to tell the issuing magistrate whether they led to convictions or about the quantity and quality of the cases. What corroboration there was here was of innocent details, and that was not enough. Byrd v. Commonwealth<\/a>, 55 Va. App. 742, 689 S.E.2d 769 (2010):<\/p>\n

This case is similar to Byrd in that the CI does not have such an unusual history of reliability that it compensates for his failure to set forth the basis of his knowledge for the information he relayed to Canada. The record in this case shows that the CI provided information to the police that led to “over twelve search warrants, seizures of large quantities of money, drugs, firearms, people with arrest warrants,” yet it does not inform as to how many of those search warrants led to actual seizure of evidence or whether the information led to convictions. In addition, while the record shows that the information provided by the CI generally related to narcotics, it does not demonstrate the quantity or quality of the information provided on those previous occasions.<\/p>\n

Under the totality of the circumstances, we hold that the CI’s tip in this case did not provide the officers with probable cause. The CI did not provide his basis of knowledge, nor did he provide such detailed information that it could be inferred he had personal knowledge of the criminal activity. Finally, his history of reliability was not so unusual on its own to support a finding of probable cause. For these reasons, we hold that under the totality of the circumstances, the police officers lacked probable cause for the warrantless search of the vehicle and appellant. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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