N.D.Ind.: Officer’s lack of credibility results in finding of no RS

The court finds the officer’s testimony and credibility completely lacking on the basis for the stop and grants the motion to suppress. United States v. McGibney, 2021 U.S. Dist. LEXIS 110826 (N.D. Ind. June 14, 2021).*

Execution of a search warrant on defendant’s house eight days after a drug deal was not stale where that one was not an isolated incident. United States v. Deras, 2021 U.S. Dist. LEXIS 110493 (N.D. Ga. June 14, 2021).*

In this 2254, one issue was a claim the search was unreasonable for lack of probable cause and defense counsel was ineffective for not raising it. There was probable cause. Smith v. Warden, 2021 U.S. Dist. LEXIS 110497 (S.D. Ohio June 14, 2021).*

The convoluted sexual relationships of the CI did not significantly impair her credibility for Franks purposes to undermine the probable cause showing. United States v. Taylor, 2021 U.S. Dist. LEXIS 110818 (N.D. Ind. June 14, 2021).*

This entry was posted in Franks doctrine, Reasonable suspicion, Standards of review. Bookmark the permalink.

Comments are closed.