NY: Failure to show independent source for officer’s observation of def required reversal

“[H]ere, the People presented practically no testimony regarding the undercover officer’s observations of the seller’s appearance to support a determination that he had a sufficient independent basis to identify defendant in court. This error requires reversal. Because the record of the probable cause hearing provided an insufficient basis for an independent source determination, defendant was entitled to an independent source hearing, as requested.” People v. Williams, 2024 NY Slip Op 02128 (N.Y. Apr. 23, 2024).

The government showed reasonable suspicion defendant was “using” a cell phone while driving justifying defendant’s stop. United States v. Yousef, 2024 U.S. Dist. LEXIS 72541 (W.D. Mich. Apr. 22, 2024).*

The court already held that the statements were not false, so a motion to reconsider based on further attacks on the officer’s credibility won’t help. United States v. Richards, 2024 U.S. Dist. LEXIS 72734 (S.D. Ohio Apr. 22, 2024).*

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