{"id":7552,"date":"2012-08-09T07:04:59","date_gmt":"2012-08-09T06:54:37","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-09T06:54:37","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7552","title":{"rendered":"D.Nev.: Defendant made a sufficient showing to get the CI\u2019s identity under Roviaro<\/em> on the question of his standing"},"content":{"rendered":"

Defendant made a sufficient showing to get the CI\u2019s identity under Roviaro<\/a> on the question of defendant\u2019s standing. The government argued there was an alternative ground to sustain the search without it which the court did not yet decide. United States v. Johnson, 2012 U.S. Dist. LEXIS 111085 (D. Nev. August 7, 2012):<\/p>\n

Based on the foregoing, the Court finds that Defendant has made the required threshold showing for an in camera hearing regarding the identity of the informant, the substance of the information that the informant provided to the police officers, and whether the informant was reliable. An in camera hearing is also justified to determine whether the informant has any knowledge relating to whether Defendant was a trespasser or was lawfully present on the subject premises at the time of the officer’s entry and subsequent search. The Government states that “[i]f the Court feels that an in camera review of the CI file is necessary to make this determination, the Government will provide the file upon the Court’s request.” Opposition to Motion to Compel (#27), pg. 9. In view of the foregoing, the Court directs the Government to provide a copy of the CI file under seal to the Court’s chambers for in camera review. This does not mean, however, that production of the CI file for in camera review will alone be sufficient to satisfy the requirement for an in camera hearing. The Court will entertain further oral argument on this issue at the hearing presently scheduled for August 13, 2012.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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