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No corroborating evidence [NOT FINAL]

Meryl Carver-Allmond notched her first ADO win in State v. Cibrian, No. 99,812 (Dec. 19, 2008)(unpublished), reversing a Saline County possession conviction on Fourth Amendment grounds. The issue involved whether the arrest was illegal:

in the present case, little evidence was presented concerning [informant's] and his girlfriends' veracity and reliability, as they clearly had motivation to place blame on others. [Informant] was an admitted participant in the crime of trying to sell the stolen goods. . . . Here, as in [State v. Hendricks, 31 Kan. App. 2d 138, 61 P.3d 722 (2003) and State v. Landis, 37 Kan. App. 2d 409, 156 P.3d 675 (2007)], the officers did not have enough information concerning the veracity or credibility of [informant]
and his girlfriend--or corroborating evidence--to form a reasonable belief that Cibrian had committed the crimes of possession fo stolen property or burglary. Without probable cause to support the arrest, the search incident to the arrest was unlawful.

Full post as published by Kansas Defenders on December 19, 2008 (boomark / email).