{"id":36434,"date":"2019-02-16T10:10:07","date_gmt":"2019-02-16T15:10:07","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=36434"},"modified":"2019-02-16T10:10:07","modified_gmt":"2019-02-16T15:10:07","slug":"two-controlled-buys-one-not-done-right-one-good","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=36434","title":{"rendered":"Two controlled buys: one not done right, one good"},"content":{"rendered":"<p>The search warrant was based on a controlled buy, but the CI doing the buy was controlled enough to know that what was acquired came from defendant. Therefore, probable cause is lacking, and the good faith exception won\u2019t be applied. <a href=\"https:\/\/www.in.gov\/judiciary\/opinions\/pdf\/02131903lmb.pdf\">State v. Vance<\/a>, 2019 Ind. App. LEXIS 62 (Feb. 13, 2019).<\/p>\n<p>\u201cDefendant argues that the affidavit in support of the search warrant relies too heavily on conclusory statements, rather than underlying facts, and therefore cannot support probable cause. The affidavit, however, is much more specific than Defendant&#8217;s characterization and describes in detail a controlled purchase of methamphetamine from Cisneros-Razo.\u201d United States v. Nieves, 2019 U.S. Dist. LEXIS 23186 (D. Ore. Feb. 13, 2019).*  <\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant was based on a controlled buy, but the CI doing the buy was controlled enough to know that what was acquired came from defendant. Therefore, probable cause is lacking, and the good faith exception won\u2019t be applied. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=36434\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[11,20],"tags":[],"class_list":["post-36434","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36434","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=36434"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36434\/revisions"}],"predecessor-version":[{"id":36435,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/36434\/revisions\/36435"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=36434"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=36434"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=36434"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}