{"id":6443,"date":"2012-02-16T15:16:45","date_gmt":"2011-12-22T00:16:43","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-12-21T09:32:48","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6443","title":{"rendered":"CA1: With great detail, independently corroborated, CI’s story is more believable"},"content":{"rendered":"

Defendant made three challenges to the search warrant and affidavit for a grow operation. First, the CI provided probable cause by his detail, which was corroborated by recorded telephone calls. While some of the calls seemed innocent, they take on a different color compared to the CI\u2019s information. Second, the warrant was not stale, despite the two month lapse from the last PC to the issuances of the warrant because it was for an ongoing grow operation that would likely be there. Third, the warrant was not general. \u201cCourts have recognized that \u2018officers executing a search warrant are ‘required to interpret it,\u2019 and they are \u2018not obliged to interpret it narrowly.\u2019\u201d Here, they knew they were looking for a grow operation. United States v. Tiem Trinh<\/a>, 665 F.3d 1 (1st Cir. 2011):<\/p>\n

Furthermore, authorities independently corroborated many of the CS\u2019s details through intercepted phone conversations and general monitoring of the Trinhs. See United States v. Soule, 908 F.2d 1032, 1039 (1st Cir. 1990) (noting that police officers\u2019 contemporaneous corroboration of the \u201cmaterial elements\u201d of the CS\u2019s information \u201clent substantial intrinsic verification to the informant\u2019s veracity and basis of knowledge\u201d). Thus, the fact that surveillance observed seemingly innocent van travels between Boston and Buffalo takes on a greater significance and supports the CS\u2019s credibility when viewed in light of other corroborative evidence indicating incriminating activity. See Greenburg, 410 F.3d at 69 (providing that a surveillance agent\u2019s \u201cobservation of seemingly innocent truck movement, which matched the informant\u2019s prediction about such activity, helped establish a substantial reason to believe that the informant\u2019s description of the entire scheme was accurate\u201d).<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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