CA5: After a fire at def’s trailer, his false statements as to his whereabouts added to PC for SW for cell phone

Defendant lived at a trailer that burned, and a body was found inside. After it was determined that he gave false information about his whereabouts that day, state officers got a search warrant for his cell phone and location information. “[T]he affidavit contained more than wholly conclusional statements. Instead, it provided specific facts and circumstances that allowed the issuing judge to make a probable-cause determination regarding the search of the cellphone. … The totality of the circumstances confirm that the affidavit is not bare bones. … For example, it set forth facts indicating that Putnam had provided false information about his whereabouts shortly after the fire, and it included a Fire Marshal’s evaluation of Putnam’s statements that contradicted his version of events. Additionally, Putnam has not shown that the search warrant was impermissibly overbroad and has therefore failed to show that the warrant was so facially deficient in failing to particularize the place to be searched or the things to be seized that the executing officers could not reasonably presume it to be valid. … Because the executing officer’s reliance on the warrant was objectively reasonable and made in good faith, we uphold the district court’s rejection of Putnam’s challenge to the good-faith exception.” United States v. Putnam, 2023 U.S. App. LEXIS 30143 (5th Cir. Nov. 13, 2023).*

The citizen informant here provided detailed information, left his name, the police called back, and he came to the suppression hearing. It was reliable enough for the police to act on it. State v. Houston, 2023-Ohio-4101 (5th Dist. Nov. 13, 2023).*

Threats to one of the sons of the warrant executing officers led to state charges for threatening. United States v. Brunson, 2023 U.S. App. LEXIS 30233 (4th Cir. Nov. 14, 2023).*

This entry was posted in Cell phones, Informant hearsay, Warrant execution. Bookmark the permalink.

Comments are closed.