{"id":53747,"date":"2022-12-11T09:38:49","date_gmt":"2022-12-11T14:38:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53747"},"modified":"2022-12-11T09:38:49","modified_gmt":"2022-12-11T14:38:49","slug":"nj-cis-identity-not-material-to-a-civil-case-over-arson","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53747","title":{"rendered":"NJ: CI&#8217;s identity not material to a civil case over arson"},"content":{"rendered":"\n<p>This is a subrogation claim over a fire caused by arson. Padilla was convicted. The civil case resulted in getting discovery of the DA\u2019s file. After that, the name of a CI for a search warrant was sought, and it was ordered released. That order was appealed. The CI\u2019s name isn\u2019t even important to the case, and the balancing of interests protects the informant\u2019s identity. Reversed. <a href=\"https:\/\/www.njcourts.gov\/sites\/default\/files\/court-opinions\/2022\/a1868-21.pdf\">Am. Zurich Ins. Co. v. Meridia Downtown Urban Renewal Bound Brook<\/a>, 2022 N.J. Super. LEXIS 141 (App. Div. Dec. 7, 2022).<\/p>\n\n\n\n<p>A shooting call in a domestic disturbance led to a valid exigent entry into the home to look for potential victims and all persons had not been accounted for. Blood was seen in plain view. State v. Hernandez, 2022 Mo. App. LEXIS 772 (Dec. 6, 2022).*<\/p>\n\n\n\n<p>There was confusion here whether a prior probation sentence with no reasonable suspicion condition or a current one with a reasonable suspicion applied. This required reasonable suspicion and the officers had it. The government also relied on consent, but they failed to prove it. Expecting consent from the past and actually getting it are different things. United States v. Palmore, 2022 U.S. Dist. LEXIS 220160 (M.D. Ga. Dec. 6, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This is a subrogation claim over a fire caused by arson. Padilla was convicted. The civil case resulted in getting discovery of the DA\u2019s file. After that, the name of a CI for a search warrant was sought, and it &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=53747\">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":[24,3,44,58],"tags":[],"class_list":["post-53747","post","type-post","status-publish","format-standard","hentry","category-consent","category-emergency-exigency","category-informant-hearsay","category-probationparole-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53747","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=53747"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53747\/revisions"}],"predecessor-version":[{"id":53748,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53747\/revisions\/53748"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53747"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53747"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53747"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}