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Good Faith Saves Search

By Shari Allison

U.S. v. Quezada-Enriquez, 2009 WL 1565196 (6/5/09) (Published) - Another published case skipping the question whether the affidavit for search warrant established probable cause and moving on to finding the good faith exception applies. The 10th notes that, when a confidential informant ("CI") is involved, whether there is probable cause depends on the CI's veracity, reliability and basis of knowledge. These factors are evaluated as a whole to resolve the probable cause issue. In this case, the affidavit established the past reliability of the CI, that he was not working off charges and the officers corroborated matters that could be known by any member of the public. But there was nothing to show how the CI knew the defendant had a gun and no corroboration of that claim...continue to full post

Full post as published by Tenth Circuit Blog on June 09, 2009 (boomark / email).