LA4: CI’s success rate not important when CI corroborated by controlled buy

The affidavit for the warrant here did, in fact, show probable cause and nexus from the informant’s reports corroborated by observations of the officers. The lack of a success rate by the CI wasn’t as important when he was corroborated by a controlled buy from the premises. State v. Randolph, 2023 La. App. LEXIS 1998 (La. App. 4 Cir Nov. 20, 2023).

On the totality, the officers did not provide justification for handcuffing defendant and keeping him handcuffed after detaining him and his luggage after he got off a Trailways bus in Omaha. Defendant declined a search, and the officer said a dog sniff was going to occur. He was detained for a while and finally they got a warrant for his backpack. “The investigators may understandably be worried about attempted altercations or the like while conducting investigative stops and searches of travelers. But the Fourth Amendment does not permit the routine use of handcuffs as an unyielding matter of policy during an investigatory stop. Under this logic, ‘officers would be allowed to handcuff, frisk, and detain virtually every suspect they encounter, without regard to the nature of the crime, the behavior exhibited by the suspect, or the circumstances surrounding the alleged crime, under the pretext of officer safety. Terry does not permit such intrusive measures in the absence of any objective safety concerns.’ …” United States v. Onate, 2023 U.S. Dist. LEXIS 207215 (D. Neb. Nov. 20, 2023).*

The court declines to grant third-party standing in another’s cell phone, while defendant recognizes it is settled that he has no standing. People v. Banks, 2023 Cal. App. LEXIS 896 (2d Dist. Nov. 20, 2023).*

There was probable cause for the search of defendant’s tractor trailer without a warrant. United States v. Gutierrez, 2023 U.S. App. LEXIS 30842 (5th Cir. Nov. 20, 2023).*