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Informant's antagonism to defendant not required to be disclosed to magistrate if the facts otherwise show PC

By John Wesley Hall, Jr.

Defendant had no expectation of privacy in his VFW club that police entered to question him about possession of narcotics when they responded to a CI's tip. United States v. Perry, 2008 U.S. App. LEXIS 24095 (9th Cir. November 24, 2008).* "Animosity between the informants and the defendant--even if known by the agent--does not establish that the informants were lying to the agent about defendant's possession of child pornography. The informants, who gave separate and consistent statements to the agent, faced serious repercussions (including prosecution) for knowingly furnishing false information to a criminal investigator." United States v. Brown, 2008 U.S. Dist. LEXIS 95827 (S.D. Ga. November 25, 2008).* Defendant was only subjected to an investigative stop when the officer was asking for his identification, but he dropped his bag and fled...continue to full post

Full post as published by Fourth Amendment on November 28, 2008 (boomark / email).