Category Archives: Informant hearsay

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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D.Minn.: Crime Stoppers tip was sufficiently corroborated to show PC

Crime Stoppers tip was sufficiently corroborated to show probable cause [under Gates]. United States v. Gaston, 2021 U.S. Dist. LEXIS 65724 (D. Minn. Apr. 5, 2021):

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CA4: Officers watching def on a CI’s tip saw a handshake which they surmised was a drug sale; no RS from a handshake

“In order to sustain reasonable suspicion, officers must consider the totality of the circumstances and, in doing so, must not overlook facts that tend to dispel reasonable suspicion. Here, officers relied on general information from a confidential informant; two interactions … Continue reading

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NY3: CI’s alleged false statement wasn’t enough to suppress

As to an alleged false statement by the CI, it didn’t undermine the probable cause finding. People v. Cazeau, 2021 NY Slip Op 01806, 2021 N.Y. App. Div. LEXIS 1947 (3d Dept. Mar. 25, 2021) (nearly four years from judgment … Continue reading

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CA7: Informant hearsay once removed on a controlled buy still PC

Informant hearsay once removed was still probable cause. The CI enlisted another to go get drugs from defendant and brought them back to the CI who turned them over to the police. United States v. Bacon, 2021 U.S. App. LEXIS … Continue reading

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CA6: SW was particular because particular affidavit was incorporated

The search warrant here was particular because it incorporated the affidavit by reference, and they were attached. United States v. Evans Landscaping Inc., 2021 U.S. App. LEXIS 8152 (6th Cir. Mar. 18, 2021). Defendant has no reasonable expectation of privacy … Continue reading

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D.V.I.: CI’s information of def was commonly known and in paper; yet, GFE applies

The search warrant here was based on the CI’s relating largely publicly-known information, some of which was in the newspaper online. It wasn’t predictive, but all historical of criminal record, the kind of car, etc. This is close but no … Continue reading

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UT: No IAC for not objecting to recording of jail phone calls for spousal privilege

Defense counsel wasn’t ineffective for not raising spousal privilege to recorded jail telephone calls since there was no reasonable expectation of privacy in the calls where spousal privilege in this context hadn’t been raised before in the state. State v. … Continue reading

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WA: Crime victim stated claim for conversion against state for return of property

A crime victim has a right to return of property pending an investigation if the state doesn’t need it for court. “Our ruling today does not undermine the City’s interest in protecting sensitive records regarding ongoing criminal investigations. Ms. Burton … Continue reading

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D.Minn.: Information from named security guard passing on detailed hearsay from unidentified source in 911 call was reliable

The 911 caller here was an identified security guard who passed on detailed information he’d received from a source. The detail made it reliable enough for reasonable suspicion. United States v. Valenzuela, 2021 U.S. Dist. LEXIS 50262 (D. Minn. Feb. … Continue reading

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CA5: Anonymous tip wasn’t sufficiently corroborated

The anonymous tip here wasn’t sufficiently corroborated to make reasonable suspicion. The evidence supports the district court’s conclusion. United States v. Norbert, 2021 U.S. App. LEXIS 7620 (5th Cir. Mar. 16, 2021) (2-1):

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D.Idaho: Traffic stop was admitted pretextual but it was based on RS of a drug offense and otherwise objectively reasonable

Defendant’s traffic stop was admittedly pretextual to investigate a drug offense, and the officers had reasonable suspicion on collective knowledge to justify the stop. United States v. Tuschoff, 2021 U.S. Dist. LEXIS 47130 (D. Idaho Mar. 10, 2021). The CI … Continue reading

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