{"id":50042,"date":"2021-10-26T07:17:23","date_gmt":"2021-10-26T12:17:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50042"},"modified":"2021-10-26T09:24:45","modified_gmt":"2021-10-26T14:24:45","slug":"co-these-controlled-buys-were-pc-they-could-have-been-more-pristine-but-they-were-adequate","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50042","title":{"rendered":"CO: These controlled buys were with PC; they could have been “more pristine” but they were adequate"},"content":{"rendered":"\n

The trial court erred in suppressing the search warrant here because it speculated on things not in the record. The warrant was based on two controlled buys that recounted the CI\u2019s information, the police investigation to corroborate what they could, and how the controlled buys went down. The trial court focused on the failure of the warrant to mention searching the CI\u2019s car as a part of it. \u201cIn its suppression order, the trial court concluded that two interrelated problems invalidated the search warrant: (1) assuming the CI drove a car to the buys, the affidavit didn’t state the car had been searched for drugs and money, which cast doubt on the integrity of the controlled buys; and (2) without more pristine controlled buys, the court deemed the CI unreliable.\u201d That\u2019s not the standard of review; it’s whether there is a substantial basis for crediting the CI and the corroboration. People v. McKay<\/a>, 2021 CO 72, 2021 Colo. LEXIS 972 (Oct. 25, 2021).<\/p>\n\n\n\n

Entry into defendant\u2019s motel room to make an arrest validly led to a plain view of stolen property which they photographed. Thus, defense counsel wasn\u2019t ineffective for not making a motion to suppress. State v. Hahn<\/a>, 2021-Ohio-3789, 2021 Ohio App. LEXIS 3693 (3d Dist. Oct. 25, 2021).<\/p>\n","protected":false},"excerpt":{"rendered":"

The trial court erred in suppressing the search warrant here because it speculated on things not in the record. The warrant was based on two controlled buys that recounted the CI\u2019s information, the police investigation to corroborate what they could, … Continue reading →<\/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":[50,44,51],"tags":[],"class_list":["post-50042","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-informant-hearsay","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50042","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=50042"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50042\/revisions"}],"predecessor-version":[{"id":50054,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50042\/revisions\/50054"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50042"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50042"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50042"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}