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N.D.Ill.: Omitting information about CI that underminded totality of evidence justified suppression of evidence

By John Wesley Hall, Jr.

Omitting critical information about the informant undermined the claimed probable cause, and the only reasonable inference was that it was to mislead the USMJ issuing the search warrant. And, the good faith exception did not apply. United States v. Simmons, 2011 U.S. Dist. LEXIS 30116 (N.D. Ill. March 22, 2011): In this case, while there is no direct evidence of Officer Murphy’s intent to mislead the issuing judge, the inferential evidence leads to the conclusion that the omissions were material because Officer Murphy had “obvious reasons” for omitting the information, and the information was “critical” to the probable cause determination. As an initial matter, Officer Murphy was clearly aware that the CI was recently arrested, had an extensive criminal history, and was untested as an informant...continue to full post

Full post as published by Fourth Amendment on March 27, 2011 (boomark / email).