{"id":55160,"date":"2023-06-14T07:29:16","date_gmt":"2023-06-14T12:29:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55160"},"modified":"2023-06-14T07:29:16","modified_gmt":"2023-06-14T12:29:16","slug":"ca8-citizen-informants-reports-of-def-having-gun-in-a-wheelchair-were-reliable-and-provided-pc","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=55160","title":{"rendered":"CA8: Citizen informant&#8217;s reports of def having gun in a wheelchair were reliable and provided PC"},"content":{"rendered":"\n<p>Citizen informants\u2019 reports of defendant having a firearm in his wheelchair justified the stop and search on probable cause and exigency. United States v. Cunningham, 2023 U.S. App. LEXIS 14638 (8th Cir. June 13, 2023).*<\/p>\n\n\n\n<p>Defendant had standing in another person\u2019s home where he was a frequent overnight guest and was there at 5:50 am when the police showed up. United States v. Boyce, 2023 U.S. Dist. LEXIS 102441 (D.N.M. June 13, 2023).*<\/p>\n\n\n\n<p>\u201cThe inevitable discovery doctrine applies in this case. If evidence \u2018ultimately or inevitably would have been discovered by lawful means,\u2019 the evidence ought not be suppressed. Nix v. Williams, \u2026. Det. Berry had probable cause for the search of 9461 and had engaged in applying for a search warrant when he learned of David Reuter&#8217;s consent. Even applying a required coexistence of an alternative line of investigation, \u2026, it was inevitable that the St. Francois County Circuit Court would likely have found probable cause and issued its search warrant and the firearm would have been found and seized.\u201d In addition, exigency applied. United States v. Reuter, 2023 U.S. Dist. LEXIS 101852 (E.D. Mo. Apr. 24, 2023),* adopted, 2023 U.S. Dist. LEXIS 100711 (E.D. Mo., June 9, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Citizen informants\u2019 reports of defendant having a firearm in his wheelchair justified the stop and search on probable cause and exigency. United States v. Cunningham, 2023 U.S. App. LEXIS 14638 (8th Cir. June 13, 2023).* Defendant had standing in another &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=55160\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[68,44,34],"tags":[],"class_list":["post-55160","post","type-post","status-publish","format-standard","hentry","category-inevitable-discovery","category-informant-hearsay","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55160","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=55160"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55160\/revisions"}],"predecessor-version":[{"id":55161,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55160\/revisions\/55161"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55160"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55160"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55160"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}