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. LEXIS 16757 (6th Cir. June 3, 2021):

Woods’s strongest attack on Barnes’s credibility is that Barnes, as a victim of Woods’s abuse, had a motive to lie to the police about the gun. Appellant Br. at 20-21. We have held that an eyewitness’s uncorroborated statements may fail to establish probable cause “where there is an apparent reason for the officer to believe that the eyewitness was lying.” Courtright v. City of Battle Creek, 839 F.3d 513, 521-22 (6th Cir. 2016) (quoting Wesley v. Campbell, 779 F.3d 421, 430 (6th Cir. 2015)). But the Supreme Court has also cautioned that other indicia of reliability can overcome doubts about an eyewitness’s motive, such as, for example, when the witness gives an “explicit and detailed description of alleged wrongdoing” based on first-hand knowledge. Gates, 462 U.S. at 234. As we discussed earlier, Barnes’s statements meet this standard. Furthermore, as the district court recognized, Barnes came forward to report Woods’s activities “at great risk to her personal safety.” R. 24 (Order Denying Mot. to Suppress at 9) (Page ID #74). “A baseless accusation in these circumstances is not likely.” United States v. Wong, 470 F.2d 129, 131 (9th Cir. 1972). In short, the indicia of reliability surrounding Barnes’s statements far outweigh any unexpressed grudge she may have held.

The deference we afford to an issuing judge’s finding of probable cause, even in doubtful cases, grounds our determination that the state judge did not arbitrarily find that the affidavit established probable cause. See Gates, 462 U.S at 236-37 & n.10. We conclude that Barnes’s firsthand account of Woods’s criminal activity, combined with her detailed description of Woods’s habits concerning the handgun and her willingness to be named on the record, is sufficient under the “totality of circumstances test” to constitute a substantial basis for concluding that a search of Woods’s car at his workplace would uncover evidence of contraband.

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