Category Archives: Informant hearsay

CA11: Three CIs with overlapping information corroborated each other

Three informants’ overlapping information corroborated one another such that establishing their veracity was unnecessary. The affidavit in support of the warrant contained enough indicia of probable cause that an officer’s reliance was not unreasonable as it sufficiently linked the residence … Continue reading

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CA6: Younger requires the federal case over an arrest or search be stayed, not dismissed

The district court improperly dismissed plaintiff’s case under Younger because of ongoing state proceedings it implicated. It should have stayed it instead. Neal El v. Showman, 2023 U.S. App. LEXIS 12604 (6th Cir. May 22, 2023). The Fourth Amendment does … Continue reading

Posted in § 1983 / Bivens, Informant hearsay, Issue preclusion, Motion to suppress, Reasonable expectation of privacy | Comments Off on CA6: Younger requires the federal case over an arrest or search be stayed, not dismissed

CA7: Home confinement sentence included a valid search waiver

Defendant was serving a home confinement sentence that included a search waiver. Officers developed reasonable suspicion of another crime and a violation of living conditions. The search was reasonable. United States v. Beechler, 2023 U.S. App. LEXIS 12312 (7th Cir. … Continue reading

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W.D.Tex.: State SW doesn’t deprive federal court of jurisdiction

Federal courts had jurisdiction over defendant’s criminal case despite his initial arrest after execution of a state search warrant. Calzada v. United States, 2023 U.S. Dist. LEXIS 86622 (W.D. Tex. Apr. 13, 2023). Disclosure of the CI who provided information … Continue reading

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OH3: Officers had PC without regard to what CI said

The officers had probable cause for defendant’s stop without regard to what the CI said, so failure to corroborate the CI had no effect on the outcome. State v. Harrison, 2023-Ohio-1618 (3d Dist. May 15, 2023).* Defendant’s stipulated plea agreement … Continue reading

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CA8: Child’s statement there was a gun in felon’s house was PC

Defendant’s child saying “my daddy’s has a gun in there” was sufficient for issuing a search warrant for felon in possession. United States v. Watkins, 2023 U.S. App. LEXIS 11303 (8th Cir. May 9, 2023).* Driving with an allegedly purloined … Continue reading

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CA3: When relying on social media posts for PC, innocent explanations aren’t required

The warrant affiant adequately corroborated the CIs. When relying on jewelry visible in defendant’s social media posts, it isn’t necessary for the affiant to prove they are real or actually his. For probable cause, innocent explanations don’t have to be … Continue reading

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PA: No standing to challenge Google SW for who searched rape victim’s name before crime

In a home invasion rape case, the state sought from Google search information involving the victim’s name in the 48 hours before the rape, and there were searches for that from defendant’s IP address. Defendant had no reasonable expectation of … Continue reading

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TX: New crime in resisting illegal arrest doesn’t depend on gravity of the new offense

Appellant resisted an illegal patdown and was Tased and charged with obstruction and resisting. A new offense is an intervening circumstance under Brown, and it doesn’t matter whether it is “serious” or not. Massey v. State, 2023 Tex. Crim. App. … Continue reading

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D.Minn.: The affidavit for SW was somewhat conclusory, but the officer’s efforts to corrorobate the CI showed GF

Officers had probable cause for a Facebook tracking warrant to provide information of where he was when he posted about his travels south to acquire fentanyl for sale in Minnesota based on informant hearsay and his two pending drug cases. … Continue reading

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D.S.C.: Younger doctrine precludes habeas action against pending state criminal case, here over the search

Petitioner’s 2241 habeas action against an ongoing state prosecution challenging the search is barred by Younger. Johnson v. Warden Marlboro Cty. Det. Ctr., 2023 U.S. Dist. LEXIS 67605 (D.S.C. Apr. 17, 2023). Defendant’s girlfriend accidentally saw child pornography on defendant’s … Continue reading

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E.D.Wis.: “Whistleblower” is still a CI whose story must be corroborated

A business fraud “whistleblower”’s statement was too conclusory to show probable cause. Franks hearing granted. United States v. Schampers, 2023 U.S. Dist. LEXIS 68205 (E.D. Wis. Apr. 19, 2023). Defendant was driving back and forth between Plattsburgh NY and Burlington … Continue reading

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CA4: CI’s 911 call showing stress of a startling event was reliable

A CI’s 911 call “‘under the stress of excitement caused by a startling event’ (making the call less likely to be preplanned),” was reliable enough for reasonable suspicion. Torres v. Ball, 2023 U.S. App. LEXIS 9076 (4th Cir. Apr. 17, … Continue reading

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MI: Trees on undeveloped land were not “effects” for 4A

A city ordinance regulating trees was not a Fourth Amendment seizure because the trees were not on the curtilage of a home and weren’t independently subject to the Fourth Amendment. (Otherwise, a taking occurred, and that’s way outside the scope … Continue reading

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DE: Uncorroborated CI doesn’t provide PC

The CI was not sufficiently corroborated, and it thus fails to show probable cause. State v. Mason, 2023 Del. Super. LEXIS 172 (Apr. 6, 2023)*:

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E.D.N.Y.: Not responding to govt’s 4A response brief amounts to waiver

Not responding to the Fourth Amendment issues in post-hearing briefing was waiver. Defendant loses on the merits anyway. Defendant retrieved sham cocaine (replaced by CBP) in the avionics compartment of an American Airlines plane. He consented to the search of … Continue reading

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OH3: Threat to get a SW didn’t coerce consent where there was PC for one

Defendant was alleged to have consented to a blood draw in a DUI case. When he hesitated, the officer said that he’d get a search warrant if defendant didn’t go through with it. There’s a difference between the officer saying … Continue reading

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OH3: Look behind refrigerator during exigent entry was inadvertent plain view

The warrantless entry into defendant’s house was justified by the exigency of a child allegedly in peril, which was not in dispute. While waiting for paperwork to be completed, one officer could see slightly behind the refrigerator and saw packaged … Continue reading

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CA7: Def seen on his way to a controlled buy was PC

There was probable cause for the search of defendant’s car stopped on the way to a controlled buy. United States v. Coates, 2023 U.S. App. LEXIS 6108 (7th Cir. Mar. 15, 2023).* Unreasonable responses from defendant stopping at a salvage … Continue reading

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D.Me.: CI adequately shown credible enough for PC

There’s no sufficient basis for a hearing on the credibility of the CI because it’s adequately shown he’s credible enough. Moreover, he also doesn’t get a hearing just to cross the CI. United States v. Botello, 2023 U.S. Dist. LEXIS … Continue reading

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