Category Archives: Informant hearsay

LA4: CI’s success rate not important when CI corroborated by controlled buy

The affidavit for the warrant here did, in fact, show probable cause and nexus from the informant’s reports corroborated by observations of the officers. The lack of a success rate by the CI wasn’t as important when he was corroborated … Continue reading

Posted in Automobile exception, Informant hearsay, Reasonable suspicion, Standing | Comments Off on LA4: CI’s success rate not important when CI corroborated by controlled buy

S.D.N.Y.: If the SW lacks PC, the remedy is a motion to suppress, not a motion to rescind the SW via 41(g)

Defendant filed a motion for the court to rescind the search warrant for his cell phone under Rule 41(g) because it was allegedly defective. The remedy is a motion to suppress, not to rescind. United States v. Cardenas, 2023 U.S. … Continue reading

Posted in Cell phones, Good faith exception, Informant hearsay, Probable cause, Rule 41(g) / Return of property | Comments Off on S.D.N.Y.: If the SW lacks PC, the remedy is a motion to suppress, not a motion to rescind the SW via 41(g)

CA5: After a fire at def’s trailer, his false statements as to his whereabouts added to PC for SW for cell phone

Defendant lived at a trailer that burned, and a body was found inside. After it was determined that he gave false information about his whereabouts that day, state officers got a search warrant for his cell phone and location information. … Continue reading

Posted in Cell phones, Informant hearsay, Warrant execution | Comments Off on CA5: After a fire at def’s trailer, his false statements as to his whereabouts added to PC for SW for cell phone

WV: State did not justify “officer safety” as reason for entry

The state failed to justify the entry here on officer safety grounds because their neighbor disturbance call included no reference to potential violence or threats and no good reason could be articulated other than “officer safety” which essentially is always … Continue reading

Posted in Informant hearsay, Plain view, feel, smell, Protective sweep, State constitution | Comments Off on WV: State did not justify “officer safety” as reason for entry

S.D.Ohio: Evidence in plain view may be seized during protective sweep

It was permissible for officers to seize firearms seen in plain view during this protective sweep. United States v. Riley, 2023 U.S. Dist. LEXIS 198798 (S.D. Ohio Nov. 6, 2023). “Given the totality of the circumstances and the numerous distinctions … Continue reading

Posted in Drug or alcohol testing, Emergency / exigency, Informant hearsay, Protective sweep | Comments Off on S.D.Ohio: Evidence in plain view may be seized during protective sweep

CA8: Officer corroborated only CI’s objective information, not the crux, but that was enough for PC for automobile exception

There was no corroboration of the incriminating part of the CI’s tale that defendant, a convicted felon, kept a gun hidden under the hood of his car. “But Officer Princivalli had no reason to find Moore’s statements untrustworthy or unreliable. … Continue reading

Posted in Automobile exception, Excessive force, Informant hearsay, Seizure | Comments Off on CA8: Officer corroborated only CI’s objective information, not the crux, but that was enough for PC for automobile exception

AR: Dog alerted outside before it went in open door to sniff again

A drug dog alerted on defendant’s car before the dog approached an open door and sniffed inside, too. The outside alert made the inside alert reasonable. Fleming v. State, 2023 Ark. App. 439 (Oct. 4, 2023). Officers received an anonymous … Continue reading

Posted in Dog sniff, Informant hearsay, Probation / Parole search, Reasonable suspicion, Trespass | Comments Off on AR: Dog alerted outside before it went in open door to sniff again

CA11: Officer gets QI for ordering passenger to produce ID

The officer in a Florida traffic stop could get the driver out of the vehicle as a matter of course under Mimms. Under Maryland v. Wilson, he could order the passenger out, too. It was not clearly established law that … Continue reading

Posted in Franks doctrine, Informant hearsay, Plain view, feel, smell, Qualified immunity | Comments Off on CA11: Officer gets QI for ordering passenger to produce ID

M.D.Fla.: Defense counsel was ineffective for not raising valid suppression issue that would have reduced Guideline range below life

Defense counsel at trial was ineffective for not raising a suppression issue that would likely have prevailed and taken defendant from a life sentence down to a 20 year MM. United States v. Dasinger, 2023 U.S. Dist. LEXIS 168974 (M.D. … Continue reading

Posted in Ineffective assistance, Informant hearsay, Issue preclusion, Prison and jail searches | Comments Off on M.D.Fla.: Defense counsel was ineffective for not raising valid suppression issue that would have reduced Guideline range below life

D.S.D.: Two anonymous tips about a car built upon one another and provided RS

Two anonymous tips about a car built upon one another and finding the car on the interstate was reasonable suspicion. United States v. Gonzalez, No. 422-CR-40119-KES, 2023 U.S. Dist. LEXIS 167068 (D.S.D. Sep. 15, 2023). Defendant was indicted for conspiring … Continue reading

Posted in Burden of pleading, Cell phones, Foreign searches, Informant hearsay, Reasonable suspicion | Comments Off on D.S.D.: Two anonymous tips about a car built upon one another and provided RS

DE: When defense to rape is consent, 4A claim against DNA test doesn’t matter

Where the defense was consent, the alleged ineffective assistance of counsel in failing to move to suppress DNA results can’t be ineffectiveness. State v. Elder, 2023 Del. Super. LEXIS 770 (Sep. 13, 2023).* CBP officers used an “escort hold” on … Continue reading

Posted in Border search, DNA, Excessive force, Informant hearsay, Probable cause | Comments Off on DE: When defense to rape is consent, 4A claim against DNA test doesn’t matter

IL: No RS for stop of van allegedly involved in a robbery; officer had no details

“The trial court decided the facts were sufficient to justify a Terry stop. After taking account of the totality of the circumstances, we reverse the denial of Maxfield’s motion to quash arrest and suppress the identification and other evidence obtained, … Continue reading

Posted in Informant hearsay, Nexus, Reasonable suspicion | Comments Off on IL: No RS for stop of van allegedly involved in a robbery; officer had no details

MN: CI’s successful track record supports reliability

The court reiterates that a CI’s successful track record supports his reliability. State v. Mosley, 2023 Minn. LEXIS 451 (Sep. 6, 2023). The exclusionary rule does not apply to supervised release violations. Defendant’s panicking to a felony arrest was “not … Continue reading

Posted in Informant hearsay, Issue preclusion, Probable cause, Probation / Parole search | Comments Off on MN: CI’s successful track record supports reliability

D.Mass.: SW affidavit based on CI’s tale gets a Franks hearing

Defendant made his “substantial preliminary showing” for a possible Franks violation on the credibility of a CI to at least get a hearing. (And it sounds like he’d prevail at the hearing because the affidavit depended entirely on the CI’s … Continue reading

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E.D.Pa.: Ongoing investigation bars access to warrant papers for time being

The target of a search warrant can’t yet get access to the affidavit in support because the case is still under investigation and there is a potential of exposing grand jury witnesses. In re Search Warrants Issued November 30, 2022, … Continue reading

Posted in Excessive force, Informant hearsay, Qualified immunity, Warrant papers | Comments Off on E.D.Pa.: Ongoing investigation bars access to warrant papers for time being

TX5 upholds geofence warrant on PC and nexus, and then with GFE

The geofence warrant here satisfied the requirements of both probable cause and the good faith exception. There aren’t a lot of cases on geofence warrants, but those reaching the merits (and not just GFE) fully support the process here of … Continue reading

Posted in geofence, Good faith exception, Informant hearsay, Probable cause, Reasonable suspicion | Comments Off on TX5 upholds geofence warrant on PC and nexus, and then with GFE

ID: Pleading only state constitution waived 4A

Defendant’s pleading only the state constitution waived the Fourth Amendment claim. State v. Bell, 2023 Ida. LEXIS 95 (Aug. 15, 2023). Defendant complained trial counsel was ineffective for not challenging a search of house that was allegedly burglarized and defendant’s … Continue reading

Posted in Ineffective assistance, Informant hearsay, Standing, State constitution, Waiver | Comments Off on ID: Pleading only state constitution waived 4A

M.D.Fla.: A records preservation request to cell phone providers was not a seizure

A records preservation letter sent to cell phone providers was not a seizure, let alone an unreasonable one. The records were later secured by search warrant. United States v. Zwiefelhofer, 2023 U.S. Dist. LEXIS 134679 (M.D. Fla. Aug. 2, 2023). … Continue reading

Posted in Cell phones, Franks doctrine, Informant hearsay, Seizure, Subpoenas / Nat'l Security Letters | Comments Off on M.D.Fla.: A records preservation request to cell phone providers was not a seizure

Army: Affidavit for SW didn’t show why text messages would still be on def’s cell phone; but harmless error

The government did not show in the affidavit for search authorization that text messages would logically be found on his cell phone corroborating a sex crime victim. Nevertheless, he wasn’t prejudiced by it. United States v. Geranen, 2023 CCA LEXIS … Continue reading

Posted in Cell phones, Informant hearsay, Inventory, Seizure, Staleness | Comments Off on Army: Affidavit for SW didn’t show why text messages would still be on def’s cell phone; but harmless error

W.D.Tenn.: Violation of police dept. vehicle chase policy doesn’t equate to a violation of the 4A

An alleged violation of department policy on police chases doesn’t equal a Fourth Amendment violation. United States v. Moore, 2023 U.S. Dist. LEXIS 130238 (W.D. Tenn. July 27, 2023). Speeding and erratic driving justified the stop, and alcohol was seen … Continue reading

Posted in Excessive force, Franks doctrine, Informant hearsay, Reasonable suspicion, Reasonableness | Comments Off on W.D.Tenn.: Violation of police dept. vehicle chase policy doesn’t equate to a violation of the 4A