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OH8: CI being defendant's stepfather held reliability

By John Wesley Hall, Jr.

CI being defendant's stepfather and telling officer face-to-face about defendant being in a shooting and officer asking questions of the CI made it reliable. State v. Portis, 2009 Ohio 32, 2009 Ohio App. LEXIS 25 (8th Dist. January 8, 2009): [*P24] Under the totality of the circumstances, we find that Roberts' information was reliable. Roberts told police, face-to-face, that appellant had been shooting, left in a tan car, and had lived at the address on 91st Street. Roberts answered all of the officer's questions right at the scene. Finally, Roberts was motivated to inform the officers after they asked who had been shooting. In fact, the fact that the suspect was Roberts' stepfather makes the information even more reliable. It is unlikely that Roberts would purposely misinform the police that a family member had committed a crime...continue to full post

Full post as published by Fourth Amendment on January 09, 2009 (boomark / email).