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CA3: CI claiming to have seen CP on defendant's computer was not so unbelievable police could not act on it

By John Wesley Hall, Jr.

A CI used defendant’s computer to illegally download music from it, and he saw child pornography. He was not so incredible that the officers could not act on what he said. A search warrant properly issued on this independent information. United States v. Barefoot, 2010 U.S. App. LEXIS 16388 (3d Cir. August 5, 2010) (unpublished)*: When detectives interviewed Beley and searched Barefoot's apartment prior to the warrantless search, they were following up on Lukotich's tip, which they would not have done had they believed Lukotich's tip lacked credibility. Additionally, by telling police that he had violated Barefoot's privacy to download music, Lukotich incriminated himself, which bolsters his credibility. Detectives had enough information from Lukotich's tip and their interview with Beley linking Barefoot to the apartment to have been prompted to apply for a warrant...continue to full post

Full post as published by Fourth Amendment on August 09, 2010 (boomark / email).