{"id":9938,"date":"2013-12-08T17:22:00","date_gmt":"2013-12-08T17:22:00","guid":{"rendered":""},"modified":"2014-04-25T07:40:10","modified_gmt":"2014-04-25T12:40:10","slug":"en-us-37","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=9938","title":{"rendered":"CA4: CI had real details, and he was corroborated by trash pull"},"content":{"rendered":"<p>Defendant was IDed by a CI as a drug dealer, so the police surveilled him and noticed his movements at and from his house were consistent with being a drug dealer, and then a trash pull pretty much confirmed it. Probable cause was evident in the affidavit for search warrant. A Franks hearing wasn\u2019t required. \u201cIn this case, even excluding all controverted statements from the Affidavit and including the omissions that Marion alleges, the Affidavit would support the Issuing Magistrate&#8217;s finding of probable cause.\u201d <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/134103.U.pdf\">United States v. Marion<\/a>, 547 Fed. Appx. 283 (4th Cir. 2013).*<\/p>\n<p>The CI was identified with established reliability, and his information, further corroborated provided reasonable suspicion for stopping defendant. <a href=\"http:\/\/pacer.ca4.uscourts.gov\/opinion.pdf\/134329.U.pdf\">United States v. Dockery<\/a>, 547 Fed. Appx. 339 (4th Cir. 2013).*<\/p>\n<p>The parties dispute whether the defendant\u2019s vehicle was parked on the curtilage or not such that it could be searched under a warrant for the house. That doesn\u2019t matter because it could be searched under plain view leading to the automobile exception because the evidence the police seized could be seen in it. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/10\/2013\/2013-ohio-5326.pdf\">State v. Hunt<\/a>, 2013-Ohio-5326, 2013 Ohio App. LEXIS 5551 (10th Dist.  December 5, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=9938\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-9938","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9938","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=9938"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9938\/revisions"}],"predecessor-version":[{"id":11232,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/9938\/revisions\/11232"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=9938"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=9938"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=9938"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}