{"id":51985,"date":"2022-04-01T14:54:27","date_gmt":"2022-04-01T19:54:27","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=51985"},"modified":"2022-04-01T14:54:27","modified_gmt":"2022-04-01T19:54:27","slug":"d-mass-a-foreign-law-enforcement-agency-can-be-a-ci-and-these-are-the-standards","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=51985","title":{"rendered":"D.Mass.: A foreign law enforcement agency can be a CI, and these are the standards"},"content":{"rendered":"\n<p>\u201cGiven these facts, the Magistrate Judge reasonably relied on the foreign agency&#8217;s tip in concluding that probable cause existed to issue the search warrant because (1) \u2018a tip from one federal law enforcement agency to another implies a degree of expertise and a shared purpose in stopping illegal activity,\u2019 \u2026; (2) the \u2018working relationship\u2019 between the United States and the FLA \u2018bolsters the credibility of the information\u2019 since the FLA&#8217;s \u2018reputation can be assessed,\u2019 and it \u2018can be held responsible if its allegations turn out to be fabricated,\u2019 \u2026; and (3) \u2018the source here was not only known to [federal law enforcement], but was also a repeat-player in the United States&#8217; efforts\u2019 at combatting child exploitation, \u2026\u201d United States v. Bateman, 2022 U.S. Dist. LEXIS 59570 (D.Mass. Mar. 31, 2022).<\/p>\n\n\n\n<p>\u201cThe record establishes that Defendant abandoned his automobile after engaging law enforcement in a high speed chase. He fled on foot, leaving his car door open and his keys on the floorboard. Under these facts, Defendant retained no expectation of privacy in his vehicle and has no standing to assert a Fourth Amendment claim.\u201d The vehicle was also subject to inventory. United States v. Pollard, 2022 U.S. Dist. LEXIS 59896 (D.S.C. Mar. 31, 2022).*<\/p>\n\n\n\n<p>The smell of marijuana was probable cause.  There were also multiple air fresheners, and that\u2019s a tip off. The court of appeals doesn\u2019t consider that the officer was inherently incredible on the dashcam. <a href=\"https:\/\/ilcourtsaudio.blob.core.windows.net\/antilles-resources\/resources\/296c77a7-8222-4a84-a19e-17f8d4040697\/People%20v.%20Sims,%202022%20IL%20App%20(2d)%20200391.pdf\">People v. Sims<\/a>, 2022 IL App (2d) 200391, 2022 Ill. App. LEXIS 165 (Mar. 31, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cGiven these facts, the Magistrate Judge reasonably relied on the foreign agency&#8217;s tip in concluding that probable cause existed to issue the search warrant because (1) \u2018a tip from one federal law enforcement agency to another implies a degree of &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=51985\">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":[48,44,35],"tags":[],"class_list":["post-51985","post","type-post","status-publish","format-standard","hentry","category-abandonment","category-informant-hearsay","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51985","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=51985"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51985\/revisions"}],"predecessor-version":[{"id":51986,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/51985\/revisions\/51986"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=51985"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=51985"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=51985"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}