{"id":47808,"date":"2021-03-22T08:27:25","date_gmt":"2021-03-22T13:27:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=47808"},"modified":"2021-03-22T08:54:26","modified_gmt":"2021-03-22T13:54:26","slug":"d-v-i-cis-information-of-def-was-commonly-known-and-in-paper-yet-gfe-applies","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=47808","title":{"rendered":"D.V.I.: CI&#8217;s information of def was commonly known and in paper; yet, GFE applies"},"content":{"rendered":"\n<p>The search warrant here was based on the CI\u2019s relating largely publicly-known information, some of which was in the newspaper online. It wasn\u2019t predictive, but all historical of criminal record, the kind of car, etc. This is close but no probable cause. Still, however, it is enough for the good faith exception to apply, so suppression denied. United States v. Henry, 2021 U.S. Dist. LEXIS 52237 (D. V.I. (Mar. 19, 2021).<\/p>\n\n\n\n<p>Defendant\u2019s search claim was known before he pled guilty, and it\u2019s based on  ineffective assistance for defense counsel not raising his not getting a copy of the warrant at the time of the search. This was waived by the plea and isn\u2019t proper now on post-conviction. [The merits of this issue never prevails, either.] <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/8\/2021\/2021-Ohio-848.pdf\">State v. Crespo<\/a>, 2021-Ohio-848, 2021 Ohio App. LEXIS 838 (8th Dist. Mar. 18, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant here was based on the CI\u2019s relating largely publicly-known information, some of which was in the newspaper online. It wasn\u2019t predictive, but all historical of criminal record, the kind of car, etc. This is close but no &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=47808\">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":[11,23,44,129],"tags":[],"class_list":["post-47808","post","type-post","status-publish","format-standard","hentry","category-good-faith-exception","category-ineffective-assistance","category-informant-hearsay","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47808","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=47808"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47808\/revisions"}],"predecessor-version":[{"id":47811,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47808\/revisions\/47811"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47808"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47808"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47808"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}