{"id":4084,"date":"2013-03-09T10:18:24","date_gmt":"2010-04-21T00:30:43","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-04-20T07:49:31","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4084","title":{"rendered":"CO: Failure to show CI&#8217;s basis of knowledge makes SW fail, and no GFE"},"content":{"rendered":"<p>The officer here completely failed to show the CI\u2019s basis of knowledge and the officer did not corroborate it, so there was no showing of probable cause. Even though the existence of a warrant creates a presumption of good faith under state law, the defendant rebutted it by showing the officer\u2019s lack of knowledge. <a href=\"http:\/\/www.courts.state.co.us\/Courts\/Court_of_Appeals\/opinion\/2010\/08CA1008.pdf\">People v. Hoffman<\/a>, 2010 Colo. App. LEXIS 493 (April 15, 2010).*<\/p>\n<p>Officers had no qualified immunity for their warrantless entry and subsequent search. <a href=\"http:\/\/www.ca9.uscourts.gov\/datastore\/memoranda\/2010\/04\/16\/09-35604.pdf\">Walker v. King County<\/a>, 376 Fed. Appx. 704 (9th Cir. 2010) (unpublished).*<\/p>\n<p>Stop near the scene of a bank robbery and waiting for backup to arrive was reasonable. United States v. Dixon, 2010 U.S. Dist. LEXIS 37631 (D. Minn. March 8, 2010).*<\/p>\n<p>The search of defendant\u2019s car was justified by consent, so <a href=\"http:\/\/www.supremecourtus.gov\/opinions\/08pdf\/07-542.pdf\">Gant<\/a> does not apply to this \u00a7 2255. Young v. United States, 2010 U.S. Dist. LEXIS 38034 (E.D. Tenn. April 16, 2010).*<\/p>\n<p>The officer was in the house talking to another man, and the defendant walked out, with the officer following telling him to come back. Defendant stopped and said he did nothing wrong, and other officers arrived and \u201cflanked\u201d him, and he attempted to flee. He was not seized until he attempted to flee, and it was with reasonable suspicion. United States v. Smith, 2010 U.S. Dist. LEXIS 37927 (E.D. Tenn. March 11, 2010).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=4084\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-4084","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4084","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4084"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4084\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4084"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4084"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4084"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}