Category Archives: Informant hearsay

CA4: No downward variance for 4A violation in revocation of supervised release

Defendant was on supervised release and revoked. No downward variance because the search violated the Fourth Amendment and led to dismissal of that separate case. United States v. Corbett, 2025 U.S. App. LEXIS 8758 (4th Cir. Apr. 14, 2025). “In … Continue reading

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VA: Arrest warrant not needed for DUI arrest in def’s driveway

Defendant wasn’t under arrest when he consented to a field sobriety test in his own driveway. Officers didn’t need an arrest warrant to arrest him there. Poulson v. Commonwealth, 2025 Va. LEXIS 17 (Apr. 10, 2025). The affidavit as a … Continue reading

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N.D.N.Y.: No REP in workplace computer

Plaintiff had no reasonable expectation of privacy in his workplace computer. Zennamo v. Cty. of Oneida, 2025 U.S. Dist. LEXIS 66916 (N.D.N.Y. Mar. 18, 2025). One officer accidentally shooting another when using deadly force against a civilian was not an … Continue reading

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OH5: CIs’ reliability shown by other facts

The CIs’ statements weren’t individually supported by a showing of why they were reliable. Instead, corroboration came from the rest of the detail in the affidavit. State v. Shannon, 2025-Ohio-1224, 2025 Ohio App. LEXIS 1188 (5th Dist. Apr. 7, 2025). … Continue reading

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CA9: 71-day delay for iPhone SW was reasonable where software update was involved

71-day delay in getting search warrant to access defendant’s cell phone was reasonable where the delay was attributed to waiting for a software update for their device because the iPhone was a newer model. United States v. Powell, 2025 U.S. … Continue reading

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D.Neb.: Officer asking same question three different ways didn’t unreasonably prolong the stop

Asking the same question of defendant a different way three times while doing the traffic citation did not unreasonably prolong the stop. The officer said he was not trying to be “robotic” sounding. United States v. Burns, 2025 U.S. Dist. … Continue reading

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CA10: Siccing police dog on sleeping man wasn’t subject to QI

Siccing a police dog on a sleeping man not subject to qualified immunity. Luethje v. Kyle, 2025 U.S. App. LEXIS 6385 (10th Cir. Mar. 19, 2025). The CI’s information on a video showed his basis of knowledge and provided probable … Continue reading

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D.Minn.: Probable cause for evidence of tax evasion in the home where records would be

Probable cause for evidence of tax evasion in the home where records would be: “Here, the affidavit sought to establish probable cause to believe Mr. Erickson took part in an ongoing scheme to evade paying taxes. Toward that end, the … Continue reading

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E.D.Mo.: Single image that officer opined was CP is PC

“Under Supreme Court and Eighth Circuit law, Detective Erwin’s professional opinion [based on her experience] that the file contained child pornography was sufficient to establish probable case for the issuance of the search warrant. See Ornelas, 517 U.S. at 700; … Continue reading

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CA10: Eight 911 calls about shots from a car essentially corroborated each other

“Taken together, eight corroborating emergency calls, all from the same general geographic area, all reporting gunshots, combined with the time of night and an exact match to the make, model, and color of the vehicle described in the call shows … Continue reading

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OH1: For probation search, anonymous tip and knowledge of probationer was RS

While anonymous tips alone aren’t reasonable suspicion, in a probation search, an anonymous tip coupled with the PO’s knowledge of the probationer was. State v. Currie, 2025-Ohio-670 (1st Dist. Feb. 28, 2025).* Defendant’s search claim was not shown to be … Continue reading

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CA8: Walkway to front door where mailbox was wasn’t protected curtilage

Defendant’s front yard wasn’t curtilage where there was a walkway to the mailbox by the door. Blood spatter was visible. The officers then went through a fence based on exigency. The observations supported a warrant. United States v. McGhee, 2025 … Continue reading

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D.Utah: Example of how the CI’s story was supported in detail

Defendant challenges the CI’s statements as insufficient to show probable cause, but it fails. This is an example of how this court found the CI’s detail sufficient. United States v. Martinez, 2025 U.S. Dist. LEXIS 30335 (D. Utah Feb. 19, … Continue reading

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W.D.Ky.: Police battering ram to door and shots fired inside is a seizure

In the Brianna Taylor civil rights prosecution, the battering ram to the door of the apartment with shots being fired was a seizure of the occupants. United States v. Hankison, 2025 U.S. Dist. LEXIS 29347 (W.D. Ky. Feb. 19, 2025).* … Continue reading

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CA7: Four-day delay in getting released wasn’t a 4A, 8A, or 14A violation

Plaintiff pled to state charges and was to be released by the Illinois DOC. But it was a holiday weekend, and he spent four days in jail. This was neither a Fourth, Eighth, nor Fourteenth Amendment violation. Peoples v. Cook … Continue reading

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D.Minn.: That officers could have been more careful and detailed in monitoring the CI doesn’t show a lack of PC

“Mr. Turner is correct that the use of a CRI during drug investigations is common. Moreover, the Court does not disagree that officers could have taken additional steps to yield an even higher degree of confidence that Mr. Turner was … Continue reading

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AR: Questions about legality of search before jury properly excluded under 403

Where the trial court denied the pretrial motion to suppress, cross-examination of the officer about the legality of the search was properly denied on objection by the state as potentially misleading to the jury. Damon v. State, 2025 Ark. App. … Continue reading

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OH5: When the trial court sustains a search on two grounds and only one is appealed, the decision will be affirmed

When the trial court sustains a search on two grounds and only one is appealed, the decision will be affirmed. State v. Alexander, 2025-Ohio-236 (4th Dist. Jan. 23, 2025). In an animal seizure case, state law requires a post-seizure administrative … Continue reading

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VI: Multiple falsities about CI made successful Franks challenge

Defendant succeeded in his Franks challenge on misleading statements about the CI as an observer rather than participant in the crime and the affidavit lacked corroborating investigative facts and omitted information about W1’s lies. All this was material to the … Continue reading

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E.D.N.Y.: Anonymous report of man threatening others with a gun didn’t provide RS

The anonymous report about a man threatening others in Queens adequately described defendant but it provided nothing to show that there was a crime in the offing. The stop and search was without reasonable suspicion. “On this record, it is … Continue reading

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