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Victim and his attorney were citizen informants and presumptively reliable

By John Wesley Hall, Jr.

Affidavit of child abuse that came from the attorney for the victim and the victim was sufficiently detailed to show probable cause. They were also citizen informants. State v. Scholes, 2008 ND 146, 2008 N.D. LEXIS 145 (July 21, 2008).* The affidavit for the search warrant here was so lacking in probable cause that official reliance on it was not reasonable under Leon. It was tenous, conclusory, and stale, all at the same time. (Yet again, the court does not have to decide whether the state constitution should provide more protection.) State v. Lunde, 2008 ND 142, 2008 N.D. LEXIS 146 (July 21, 2008).* The taint of an illegal stop was purged by the fact that defendant was told he was not under arrest and could refuse consent to searches. State v...continue to full post

Full post as published by Fourth Amendment on July 23, 2008 (boomark / email).