{"id":55409,"date":"2023-07-21T09:41:28","date_gmt":"2023-07-21T14:41:28","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55409"},"modified":"2023-07-21T09:42:09","modified_gmt":"2023-07-21T14:42:09","slug":"mi-omission-def-was-a-ci-was-not-material-where-sw-was-based-on-possession-and-sale-of-drugs","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55409","title":{"rendered":"MI: Omission def was a CI was not material where SW was based on possession and sale of drugs"},"content":{"rendered":"\n<p>\u201cAgent Merle&#8217;s failure to reveal that Brown was a CI for DTF was not a material omission. As discussed previously, the warrant affidavit was based on Brown&#8217;s possession and sale of illegal drugs, which did not fall within the scope of his duties as a CI. Brown&#8217;s activities as a CI were unrelated to his criminal behavior, which formed the basis for the affidavit.\u201d People v. Brown, 2023 Mich. App. LEXIS 5120 (July 20, 2023).* (So defendant outs himself as a CI?)<\/p>\n\n\n\n<p>The identified CI gave reasonable suspicion for this stop. United States v. Windecker, 2023 U.S. Dist. LEXIS 124526 (D.Mont. July 18, 2023).*<\/p>\n\n\n\n<p>Defendant\u2019s successive \u00a7 2254 petition claim that the judge issuing the warrant here (\u201cJudge 185\u201d) didn\u2019t exist was essentially presented as a successive petition before in 2022, and it\u2019s denied. In re Jackson, 2023 U.S. App. LEXIS 18409 (11th Cir. July 19, 2023).*<\/p>\n\n\n\n<p>The district court\u2019s electronic search condition for supervised release was not an abuse of discretion and was related to his being a sex offender. United States v. Cruz-Rivera, 2023 U.S. App. LEXIS 18449 (7th Cir. July 20, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cAgent Merle&#8217;s failure to reveal that Brown was a CI for DTF was not a material omission. As discussed previously, the warrant affidavit was based on Brown&#8217;s possession and sale of illegal drugs, which did not fall within the scope &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=55409\">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":[21,126,58,35],"tags":[],"class_list":["post-55409","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-issue-preclusion","category-probationparole-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55409","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=55409"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55409\/revisions"}],"predecessor-version":[{"id":55411,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55409\/revisions\/55411"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55409"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55409"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55409"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}