{"id":4389,"date":"2010-12-29T08:57:28","date_gmt":"2010-07-03T14:42:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-07-03T14:42:23","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4389","title":{"rendered":"NY2: Uncorroborated CI’s hearsay did not justify stop; even without standing, defendant wins"},"content":{"rendered":"

The stop of defendant\u2019s car was without probable cause, despite his apparent lack of standing to challenge the search of the car. The CI gave hearsay information to him, and there was no observation by the officer of any criminality. People v Voner<\/a>, 2010 NY Slip Op 5803, 74 A.D.3d 1371, 904 N.Y.S.2d 225 (2d Dept. 2010):<\/p>\n

Here, even assuming that McMahon’s testimony that the confidential informant had supplied information leading to prior arrests was sufficient, standing alone, to establish the informant’s reliability …, the basis-of-knowledge prong of the Aguilar-Spinelli test was not satisfied. The informant never indicated to McMahon that the information he was supplying was based upon his personal knowledge or observations. Furthermore, the information was not so highly detailed, and McMahon’s observations were not sufficiently corroborative of criminal activity, to support a reasonable belief that the informant’s tip must have been based on firsthand observation …. McMahon first saw the defendant’s vehicle approximately half a mile away from the reservation where the cigarettes had allegedly been purchased, and the thick black plastic bags used to transport the cigarettes were not of such a distinctive character that a trained police officer could readily determine that they contained untaxed cigarettes. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/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-4389","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4389","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=4389"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/4389\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4389"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4389"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4389"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}