{"id":61653,"date":"2025-08-11T12:53:31","date_gmt":"2025-08-11T17:53:31","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61653"},"modified":"2025-08-11T12:53:31","modified_gmt":"2025-08-11T17:53:31","slug":"mi-two-controlled-buys-where-def-left-house-to-do-it-and-returned-was-pc-for-house","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61653","title":{"rendered":"MI: Two controlled buys where def left house to do it and returned was PC for house"},"content":{"rendered":"\n<p>The informant\u2019s information here [to me] was conclusorily stated by the officer to be reliable [not discussed], except there were also two controlled buys from the defendant where he left his place and returned. [The latter is enough.] <a href=\"https:\/\/www.courts.michigan.gov\/4a26aa\/siteassets\/case-documents\/uploads\/opinions\/final\/coa\/20250808_c367328_39_367328.opn.pdf\">People v. Gault<\/a>, 2025 Mich. App. LEXIS 6353 (Aug. 8, 2025).<\/p>\n\n\n\n<p>\u201cThe officers had probable cause to arrest Mr. Early. The officers had seen him \u2018disappearing in the alleyways quickly\u2019 with individuals the officers \u2018presumed\u2019 were \u2018customers\u2019 and observed him \u2018tak[e] money from an individual in a car that pulled up to him.\u2019 U.S. Ex. 1 at 3. There had also been a 911 call reporting that \u2018dealer(s) [were] selling \u201cwhite stuff\u201d\u2019 at the same location where a \u2018red GMC Terrain\u2019 was present. Id. at 2. In sum, probable cause was not based solely on unsupported assumptions by the officers as Mr. Early suggests. There were sufficient indicia of drug transactions to provide probable cause, and the officers were not required to confirm Mr. Early was in fact engaging in drug transactions before arresting him.\u201d United States v. Early, 2025 U.S. Dist. LEXIS 150931 (D. Minn. Aug. 6, 2025).*<\/p>\n\n\n\n<p>Plaintiff argues that the use of force in his case was with obvious clarity as far as the qualified immunity inquiry goes, but he didn\u2019t raise that below. Herold v. Christensen, 2025 U.S. App. LEXIS 19806 (10th Cir. Aug. 6, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The informant\u2019s information here [to me] was conclusorily stated by the officer to be reliable [not discussed], except there were also two controlled buys from the defendant where he left his place and returned. [The latter is enough.] People v. &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61653\">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":[50,44,38,20],"tags":[],"class_list":["post-61653","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-informant-hearsay","category-nexus","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61653","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=61653"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61653\/revisions"}],"predecessor-version":[{"id":61654,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61653\/revisions\/61654"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61653"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61653"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61653"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}