{"id":5830,"date":"2011-07-28T07:44:27","date_gmt":"2011-07-28T07:31:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-07-28T07:31:37","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5830","title":{"rendered":"OH4: CI&#8217;s double hearsay with corroboration of innocent details enough"},"content":{"rendered":"<p>Double hearsay from a CI was sufficient where the officers corroborated only innocent details. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/4\/2011\/2011-ohio-3552.pdf\">State v. Ralston<\/a>, 2011 Ohio 3552, 2011 Ohio App. LEXIS 3000 (4th Dist. July 7, 2011)*:<\/p>\n<blockquote><p>[*P17]  As Appellant correctly notes, there are no facts in the affidavit upon which the magistrate could have found a substantial basis for believing that there was a factual basis for the information the third party furnished to the informant. Nothing in the affidavit reveals how the third party came to know that Appellant was trafficking in or cultivating marijuana. The affidavit did not contain an \u201cexplicit and detailed description of the alleged wrongdoing\u201d so the magistrate could distinguish the third party\u2019s claim from idle rumor. It was not stated that the third party had personally obtained from the stash house the marijuana he displayed to the informant. It was not stated that the third party had ever been inside of the stash house and observed any wrongdoing, giving him firsthand knowledge.<\/p>\n<p>. . .<\/p>\n<p>[*P19]  Though law enforcement only corroborated innocent facts, this does not negate their cumulative effect and contribution to the determination of probable cause, especially in light of the third party&#8217;s allegations. Specifically, knowledge of a prior arrest and conviction relating to drug trafficking is a \u201c\u2018practical consideration of everyday life\u2019 upon which an officer or magistrate may properly rely in assessing the reliability of an informant&#8217;s tip.\u201d State v. Underwood, 4th Dist. No. 03CA2930, 2005 Ohio 2309, at \u00b643.<\/p><\/blockquote>\n<p>I\u2019m stunned. This is bizarre. Nothing protects against an idle street rumor or revenge becoming probable cause.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=5830\">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-5830","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5830","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=5830"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/5830\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=5830"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=5830"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=5830"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}