Category Archives: Informant hearsay

CA4: Establishing reliability of the CI

The informant’s information gave probable cause. Thus, “With probable cause, the police could search the shoebox under the automobile exception.” United States v. Gondres-Medrano, 2021 U.S. App. LEXIS 20283 (4th Cir. July 8, 2021). As to establishing the reliability of … Continue reading

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CA6: CI’s PC doesn’t have to be decided because there was good faith

The district court erred in finding no probable cause on information from defendant’s CI and no good faith exception. The CI was stopped one day out of jail driving a stolen motorbike that he said came from defendant. “In the … Continue reading

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OH: Unidentified report of def driving under influence justified officer’s stop on totality

“The Fourth Amendment’s prohibition of unreasonable searches and seizures does not forbid a police officer from initiating a brief investigatory stop of a person if the officer has reasonable suspicion to believe that the person is or is about to … Continue reading

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D.Kan.: Seizure without RS led to abandonment; suppression granted

Defendant was seized without reasonable suspicion when an officer acting on an informant’s tip approached him with hand on gun telling defendant to raise his hands. Seconds later, he fled, dropping the gun. The court finds an unreasonable seizure precipitated … Continue reading

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IA: Def’s registration papers weren’t in order; while waiting on a response from dispatch, criminal history led to calling drug dog. This didn’t extend the stop

The officer intended only to give a warning, but it took a while for defendant’s registration to clear a computer check. While waiting, the officer checked defendant’s criminal history finding a significant meth history and then called for a drug … Continue reading

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NY3: No REP in pretrial detainees’ jail calls

There was no reasonable expectation of privacy in jail telephone calls for pretrial detainees because the inmates were warned. “To the extent that defendant argues that the admission of the phone calls violated his rights because he was being held … Continue reading

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CA6: SW affidavit can suggest CI’s lack of credibility, but here it was overcome

It is possible for a search warrant affidavit to suggest the lack of credibility of the CI, but, here, the CI’s credibility was corroborated by other facts and her willingness to be identified. United States v. Woods, 2021 U.S. App. … Continue reading

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E.D.Cal.: Internet research can provide PC for a SW

An officer’s internet search provided a substantial basis for finding probable cause to search defendant’s house for evidence of misrepresenting military service. Citations to the places where the information was be found elevated this above a mere anonymous tip. United … Continue reading

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CA11: Monitoring a lawfully placed GPS device on a car is not a separate search under Knotts

Monitoring a lawfully placed GPS device on a car is not a separate search. It is lawful under Knotts, well before CSLI. United States v. Howard, 2021 U.S. App. LEXIS 15856 (11th Cir. May 27, 2021). The affidavit for the … Continue reading

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OH10: Officers don’t need RS to approach someone on the street

Officers don’t need reasonable suspicion to approach a person for a potential consensual encounter. State v. Howard, 2021-Ohio-1792, 2021 Ohio App. LEXIS 1734 (10th Dist. May 25, 2021). Defendant’s Facebook Live posting of him holding an AK-47 and smoking marijuana … Continue reading

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CA11: Adding in the omitted information still showed PC

“Detective Tuck’s affidavit omitted some information favorable to Martelli, but even if we assume that those omissions were intentional or reckless, the claim still fails. It fails because, even including all the omitted information, a reasonable officer in Tuck’s position … Continue reading

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D.Colo.: Federal law criminalizing marijuana makes dog sniff in recreational use state reasonable

Even though Colorado has decriminalized personal use of marijuana, a dog sniff is still reasonable under federal law because possession of marijuana is still a violation of federal law because it’s unlawful for “any purpose.” United States v. Spikes, 2021 … Continue reading

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MD: Anonymous DWI tip was specific and supported stop on a liquor store parking lot

“Considering the totality of the circumstances, the officers had reasonable suspicion to suspect that the defendant was engaged in drunk driving. The anonymous 911 call had sufficient indicia of reliability—the tipster alleging the drunk driving provided the make, model, and … Continue reading

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MI: Anonymous tip for def’s stop was uncorroborated and unreasonable

The officer stopping defendant’s vehicle lacked reasonable suspicion that defendant was engaged in criminal activity based on an anonymous tip. Even assuming that the tipster was reliable led only to the conclusion that defendant appeared to be obnoxious and was … Continue reading

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S.D.W.Va.: Uncorroborated CI, criminal history, and inconclusive trash pull didn’t support SW for house; no GFE

“Pending before the court is Defendant’s motion to suppress 48 pounds of methamphetamine, $41,000 in cash, and all other evidence seized during a search of his residence by the Metropolitan Drug Enforcement Network Team (‘MDENT’). I find that neither the … Continue reading

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W.D.Ky.: Out past curfew during BLM protests was PC for stop

Officers seeing defendant driving during a BLM protest curfew in June 2020 in Louisville had probable cause for the stop. United States v. Shrivers, 2021 U.S. Dist. LEXIS 77047 (W.D. Ky. Apr. 21, 2021).* A CI with a reliable track … Continue reading

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CA9: Saying you just found the backpack you’re carrying in a dumpster shows no REP

“First, the court did not clearly err in finding that Gage had abandoned any reasonable expectation of privacy in the backpack by telling Officer Robinson that the group had just retrieved the backpack from a garbage dump and that he … Continue reading

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OH12: EPIC check on passenger exceeded permissible bounds of traffic stop

EPIC check for picture of passenger exceeded the permissible basis of the traffic stop. There was no reason for it. Motion to suppress properly granted. State v. Shaibi, 2021-Ohio-1352, 2021 Ohio App. LEXIS 1323 (12th Dist. Apr. 19, 2021). Police … Continue reading

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W.D.Tenn.: CI’s tip def had a gun was corroborated by def discarding it in view of officers

Police received a CI’s tip defendant had a gun. The tip alone lacked reliability until the officer saw defendant discard it. “Notably, the reasonable suspicion standard does not present the most demanding hurdle to overcome. See Kansas v. Glover, 140 … Continue reading

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OR: State didn’t develop its argument about RS at the hearing, and it’s found waived

The state’s justification for inquiries about travel plans isn’t reached on appeal because it wasn’t briefed or even developed below. Instead, the questions about it related only to initial reasonable suspicion. “We conclude that the record could have developed differently … Continue reading

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