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E.D.Tenn.: CI not shown to be credible; drug possession six months ago not possession now

By John Wesley Hall, Jr.

CI was not shown to be reliable or credible to the police. Also, his statements about possession of drugs on the premises six months earlier added nothing about the day in question. “[T]he sale of drugs out of a residence is not inherently ongoing”; something has to be shown of a continuing nature. United States v. Ervin, 2010 U.S. Dist. LEXIS 2885 (E.D. Tenn. January 14, 2010).* In an ongoing case from San Diego where three youths were arrested for the murder of a friend, prosecuted for a year and then DNA was finally tested that cleared them, a strip search claim and a claim over their search for blood without probable cause only survive. “Under clearly established Supreme Court and Ninth Circuit law, no reasonable police officer could have believed that the desire to prove that another person (presumably Michael) killed Stephanie established probable cause to draw Stephen and Cheryl's blood...continue to full post

Full post as published by Fourth Amendment on January 16, 2010 (boomark / email).