Category Archives: Informant hearsay

NY2: Franks claim has to be fully developed; it’s more than just a false statement

Franks claim fails for failure to show how the alleged false statements undermined the probable cause. “The defendant failed to meet his burden of controverting the warrant, as he failed to analyze, must less establish, that after the excise of … Continue reading

Posted in Franks doctrine, Informant hearsay, Reasonable suspicion, Search incident | Comments Off on NY2: Franks claim has to be fully developed; it’s more than just a false statement

GA: Officers with an arrest warrant can enter the backyard, too

Officers with an arrest warrant for defendant at his place were permitted to enter the backyard too, where evidence was seen and seized. Jones v. State, 2022 Ga. LEXIS 256 (Sep. 20, 2022). Not mentioning in the affidavit for search … Continue reading

Posted in Arrest or entry on arrest, Curtilage, Ineffective assistance, Informant hearsay, Reasonable suspicion | Comments Off on GA: Officers with an arrest warrant can enter the backyard, too

E.D.Pa.: Searching administratively impounded taxi states 4A claim

Plaintiff states a claim against the Philadelphia Parking Authority for detaining his temporarily impounded taxi for a later search without justification. Mbagwu v. PPA Taxi & Limousine Div., 2022 U.S. Dist. LEXIS 167790 (E.D. Pa. Sep. 16, 2022). A cross-sex … Continue reading

Posted in Administrative search, Informant hearsay, Prison and jail searches, Seizure, Strip search | Comments Off on E.D.Pa.: Searching administratively impounded taxi states 4A claim

TX1: Consent to handling cell phone led to plain view of CP

Defendant consented to the officer handling his secondary cell phone that wasn’t able to make calls. The officer accidentally saw child pornography on the phone in plain view, and it was all reasonable. Thomson v. State, 2022 Tex. App. LEXIS … Continue reading

Posted in Forfeiture, Informant hearsay, Plain view, feel, smell | Comments Off on TX1: Consent to handling cell phone led to plain view of CP

D.Md.: Cell phone dump on a SW wasn’t shown to be overbroad

A cell phone dump after a search warrant wasn’t necessarily overbroad, and didn’t show it. “More particularity was impractical, and was not required.” United States v. Nelson, 2022 U.S. Dist. LEXIS 125994 (D. Md. July 15, 2022). Officers who used … Continue reading

Posted in Cell phones, Franks doctrine, Informant hearsay, Overbreadth, Social media warrants | Comments Off on D.Md.: Cell phone dump on a SW wasn’t shown to be overbroad

E.D.Ark.: Probation officer conducting home visit can smell around the door for drug use

A probation officer at defendant’s house for a home visit could smell around the door, and, here, the smell of marijuana being used inside was evident. That was not unreasonable. United States v. Toney, 2022 U.S. Dist. LEXIS 120895 (E.D. … Continue reading

Posted in Curtilage, Informant hearsay, Plain view, feel, smell, Probation / Parole search | Comments Off on E.D.Ark.: Probation officer conducting home visit can smell around the door for drug use

NJ: Refusal of a frisk without RS does not add to RS

There was no reasonable suspicion for defendant’s stop. People who live in a “high crime area” do not have lesser constitutional protection. The facts here just didn’t support a frisk, and he had a right to refuse one, and that … Continue reading

Posted in Good faith exception, Informant hearsay, Stop and frisk | Comments Off on NJ: Refusal of a frisk without RS does not add to RS

CA8: PC shown but for nexus, but GFE overcame that

The district court held the affidavit for the search warrant didn’t say enough to supply nexus to defendant’s home, but the good faith exception applied. Affirmed. The affidavit was sufficient for probable cause defendant was involved in dealing drugs, and … Continue reading

Posted in Informant hearsay, Nexus | Comments Off on CA8: PC shown but for nexus, but GFE overcame that

N.D.Ind.: Typo in SW home address was cured by picture of house

A typo in defendant’s home address was not prejudicial where there was a picture of the house included in the warrant. Thus, no ineffective assistance of counsel for not challenging it. Kassay v. United States, 2022 U.S. Dist. LEXIS 116669 … Continue reading

Posted in Informant hearsay, Reasonable suspicion, Warrant papers, Warrant requirement | Comments Off on N.D.Ind.: Typo in SW home address was cured by picture of house

CA11: Anonymous tip of bad driving corroborated by seeing it themselves

Anonymous report of bad driving led officers to observe defendant who saw it themselves. The stop was justified. United States v. Menendez, 2022 U.S. App. LEXIS 18232 (11th Cir. July 1, 2022). Defendant was suspected of building, buying, and selling … Continue reading

Posted in Drug or alcohol testing, Informant hearsay, Issue preclusion, Scope of search | Comments Off on CA11: Anonymous tip of bad driving corroborated by seeing it themselves

M.D.Pa.: Trash pull corroborated CI

Here a trash pull corroborated the CI. United States v. Ledee, 2022 U.S. Dist. LEXIS 109859 (M.D. Pa. June 21, 2022). Defendant’s traffic stop for crossing the fog line was supported by the dashcam video. United States v. Webb, 2022 … Continue reading

Posted in Ineffective assistance, Informant hearsay, Reasonable suspicion | Comments Off on M.D.Pa.: Trash pull corroborated CI

TX13: Gated community not curtilage, but def’s own curtilage was violated

Where the officers followed defendant into a gated community, the roadway within was not curtilage. Evans v. State, 995 S.W.2d 284, 286 (Tex. App.—Houston (14th Dist.) 1999, pet. ref’d). However, the entry into defendant’s own curtilage was unreasonable. State v. … Continue reading

Posted in Curtilage, Franks doctrine, Informant hearsay | Comments Off on TX13: Gated community not curtilage, but def’s own curtilage was violated

MT: Welfare check of car was reasonable, but extending it was without RS

The officer was justified in a welfare check of defendant sleeping in his car, but it never developed into reasonable suspicion. The stop was unreasonably extended. State v. Zeimer, 2022 MT 96, 2022 Mont. LEXIS 479 (May 24, 2022). A … Continue reading

Posted in Administrative search, Community caretaking function, Informant hearsay, Inventory, Reasonable suspicion | Comments Off on MT: Welfare check of car was reasonable, but extending it was without RS

CA5: GFE applies to showing of nexus

The good faith exception applies to the warrant affidavit’s showing of nexus. The showing wasn’t great, but it was sufficient to not be bare bones. The officer adequately connected defendant to the premises. United States v. Jackson, 2022 U.S. App. … Continue reading

Posted in Consent, Good faith exception, Informant hearsay, Nexus, Reasonable suspicion | Comments Off on CA5: GFE applies to showing of nexus

CA9: PC of digital theft from Microsoft by employee also led to his home computer

There was probable cause to believe that defendant’s home computer would have evidence of his $10m digital theft from Microsoft from when he worked there. United States v. Kvashuk, 2022 U.S. App. LEXIS 8275 (9th Cir. Mar. 28, 2022).* There … Continue reading

Posted in Excessive force, Informant hearsay, Nexus | Comments Off on CA9: PC of digital theft from Microsoft by employee also led to his home computer

W.D.Ky.: Crime victim with animosity toward def is not unreliable CI just because of that

A crime victim isn’t unreliable for informant hearsay just because of animosity toward the defendant. United States v. Collins, 2022 U.S. Dist. LEXIS 63999 (W.D.Ky. Feb. 7, 2022). The trial court erred in finding defendant’s consent to a blood draw … Continue reading

Posted in Drug or alcohol testing, Informant hearsay, Standards of review, Voluntariness | Comments Off on W.D.Ky.: Crime victim with animosity toward def is not unreliable CI just because of that

OR: Officer’s conclusion def violated traffic law here not reasonable

The officer’s conclusion defendant violated a traffic law here wasn’t a reasonable conclusion, and the motion to suppress should have been granted. State v. Brown, 318 Ore. App. 713, 2022 Ore. App. LEXIS 585 (Apr. 6, 2022). A named CI’s … Continue reading

Posted in Informant hearsay, Reasonableness, Search incident | Comments Off on OR: Officer’s conclusion def violated traffic law here not reasonable

D.N.J.: Whether this state court judge could legally issue a telephonic warrant isn’t a 4A violation

Whether a lower court judge could issue a telephonic search warrant under state law doesn’t matter in federal court or the Fourth Amendment. “To begin with, the defendant raises at best a state-law technicality that is not of federal constitutional … Continue reading

Posted in Consent, Informant hearsay, Reasonable suspicion, Reasonableness | Comments Off on D.N.J.: Whether this state court judge could legally issue a telephonic warrant isn’t a 4A violation

Two on informant hearsay

“The information provided to the agents came from a vetted CS who had known Thomas for years. The CS’s information, as noted above, was then corroborated using audio recordings and physical surveillance as well as the agents’ independent check of … Continue reading

Posted in Informant hearsay | Comments Off on Two on informant hearsay

D.Mass.: A foreign law enforcement agency can be a CI, and these are the standards

“Given these facts, the Magistrate Judge reasonably relied on the foreign agency’s tip in concluding that probable cause existed to issue the search warrant because (1) ‘a tip from one federal law enforcement agency to another implies a degree of … Continue reading

Posted in Abandonment, Informant hearsay, Reasonable suspicion | Comments Off on D.Mass.: A foreign law enforcement agency can be a CI, and these are the standards