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Failure to make timely return of SW to court is not a constitutional defect

By John Wesley Hall, Jr.

Citizen informant was not subjected to the same scrutiny as a confidential informant, even if the informant is seeking revenge. But, there were other informants corroborated, too. Defects in the return of the warrant are ministerial and do not justify suppression. State v. Dietrich, 2009 NMCA 31, 2009 N.M. App. LEXIS 7 (January 8, 2009), certiorari denied, No. 31,524, February 17, 2009, released for publication March 31, 2009: [*17] Further, even if it appears that the informant is seeking revenge, it does not necessarily indicate a motive to falsify allegations. See People v. Isenberg, 52 Ill. App. 3d 426, 367 N.E.2d 364, 366, 9 Ill. Dec. 930 (Ill. App. Ct. 1977) (rejecting the defendant's contention that the informant could not be reliable because he was seeking revenge on the defendant based on the informant's brother's hospitalization and holding that the informant could be considered an ordinary citizen); State v...continue to full post

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