{"id":57174,"date":"2024-02-28T10:32:01","date_gmt":"2024-02-28T15:32:01","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57174"},"modified":"2024-02-28T10:32:01","modified_gmt":"2024-02-28T15:32:01","slug":"ca7-ci-identity-irrelevant-because-of-controlled-buys","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57174","title":{"rendered":"CA7: CI identity irrelevant because of controlled buys"},"content":{"rendered":"\n<p>This case is about fentanyl on defendant\u2019s person, so the identity of the CI that led police to him is irrelevant under Roviaro. Controlled buys justified his arrest. <a href=\"https:\/\/media.ca7.uscourts.gov\/cgi-bin\/OpinionsWeb\/processWebInputExternal.pl?Submit=Display&amp;Path=Y2024\/D02-27\/C:22-2554:J:PerCuriam:aut:T:npDp:N:3173811:S:0\">United States v. Johnson<\/a>, 2024 U.S. App. LEXIS 4450 (7th Cir. Feb. 27, 2024).<\/p>\n\n\n\n<p>NCMEC\u2019s review of metadata in child porn files was within the scope of a previously issued search warrant. So, the private search doctrine doesn&#8217;t matter. United States v. Johnson, 2024 U.S. App. LEXIS 4453 (2d Cir. Feb. 27, 2024).*<\/p>\n\n\n\n<p>\u201cReasonable suspicion is \u201cconsiderably less than proof of wrongdoing by a preponderance of the evidence\u2019 and less than probable cause, which is \u2018a fair probability that contraband or evidence of a crime will be found.\u2019 Id. (quotations omitted). When deciding if reasonable suspicion exists, we must review the \u2018totality of the cir-cumstances\u2019 to ascertain whether an officer had a \u2018particularized and objective basis for suspecting legal wrongdoing.\u2019 \u2026 In so doing, we must give due weight to an officer&#8217;s experience. \u2026 None of the suspect&#8217;s actions, however, need be criminal on their face to pro-vide a trained officer with reasonable suspicion. \u2026 An arresting officer&#8217;s state of mind, except for the facts he knows, is irrelevant to the existence of probable cause. \u2026 An officer&#8217;s \u2018subjective reason for making the arrest need not be the criminal offense as to which the known facts provide probable cause.\u2019 Id. \u2018A traffic stop based on an officer&#8217;s incorrect but reasonable assessment of facts does not violate the Fourth Amendment.\u2019 \u2026 Officers may rely on \u2018common sense conclusions\u2019 in assessing the facts. Reasonable suspicion is determined from the collective knowledge of all officers involved in the stop.\u201d United States v. Baker, 2024 U.S. App. LEXIS 4431 (11th Cir. Feb. 27, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>This case is about fentanyl on defendant\u2019s person, so the identity of the CI that led police to him is irrelevant under Roviaro. Controlled buys justified his arrest. United States v. Johnson, 2024 U.S. App. LEXIS 4450 (7th Cir. Feb. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57174\">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":[44,43,35],"tags":[],"class_list":["post-57174","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-private-search","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57174","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=57174"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57174\/revisions"}],"predecessor-version":[{"id":57175,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57174\/revisions\/57175"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57174"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57174"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57174"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}