M.D.Ala.: Failure to back up CI made SW lack PC

Relying on a CI without backing him up failed to show probable cause. “With these guiding principles in mind, the undersigned concludes the search warrant affidavit here did not provide a substantial basis for finding probable cause to believe narcotics and firearms would be found in the defendant’s motel room. The substantive core of the affidavit was the information provided by the confidential informant, but the affidavit did not articulate sufficiently the informant’s reliability, veracity, or basis of knowledge.” No good faith exception either. United States v. Prewitt, 2023 U.S. Dist. LEXIS 111518 (M.D.Ala. May 12, 2023), adopted June 28, 2023 U.S. Dist. LEXIS 111442 (M.D. Ala. June 28, 2023) (the government filed no objections to the R&R).

Plaintiff’s cars were seized in the District of North Dakota in a criminal investigation and then turned over to an impound lot that sold them. He had a claim for a taking, but not under Rule 41(g). (The appeal was to the Eighth Circuit which transferred it to the Federal Circuit.) Jenkins v. United States, 2023 U.S. App. LEXIS 16296 (Fed. Cir. June 28, 2023).

“Akula next argues that any reference to the execution of a search warrant should be excluded ‘because it leads the jury to believe a foregone conclusion that the government had overwhelming evidence.’ Akula provides no authority in support of this request, nor does he explain how it would be unduly prejudicial. Because this request is overbroad, the Court will deny it without prejudice.” United States v. Akula, 2023 U.S. Dist. LEXIS 111137 (E.D. La. June 28, 2023).*