{"id":5317,"date":"2011-05-16T07:53:33","date_gmt":"2011-03-21T00:11:14","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-03-20T12:23:42","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5317","title":{"rendered":"DC: CI’s handler necessary witness at suppression hearing to show PC"},"content":{"rendered":"

At the suppression hearing, the CI\u2019s handler has to testify to what the CI knew so the search does not become merely ratified by the officer\u2019s conclusion that the CI was believable. Here, just the officer conducting the search based on another officer\u2019s relaying of information from the CI was the only witness. Parsons v. United States<\/a>, 15 A.3d 276 (D.C. App. 2011):<\/p>\n

The problem in the present case is that, even applying the collective knowledge doctrine, there was no testimony from which the trial court could have judged the informant\u2019s credibility. Detective Humberson was not the confidential informant\u2019s handler; in fact he had never dealt with the informant prior to the day of Parsons\u2019s arrest. Detective Freeman, who was the handler, presumably could have testified at Parsons\u2019s trial as to the informant\u2019s track record and the existence of other virtuous qualities, but he did not. It appears from the record that the trial court \u201csimply rel[ied] on [Detective Humberson\u2019s] conclusory assertions in deciding whether [his search of Parsons] was justified\u201d and did not, as required by our case law, \u201cevaluate the facts underlying those assertions.\u201d Milline, 856 A.2d at 619; see also Sanders, 751 A.2d at 955 (reversing and remanding because the \u201ctipster\u2019s track record was thinly developed in the trial court\u201d).<\/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-5317","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5317","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=5317"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5317\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5317"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5317"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5317"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}