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OH12: Issuing magistrate does not have to examine further about CI's believability

By John Wesley Hall, Jr.

Issuing magistrate was not shown to have abandoned judicial role merely because he did not inquire further into the reliability of the informant. State v. Dubose, 2008 Ohio 5933, 2008 Ohio App. LEXIS 4974 (12th Dist. November 17, 2008).* In making a credibility determination after granting a motion to reopen a suppression hearing after having denied the motion, United States v. McCurdy, 480 F. Supp. 2d 380 (D. Me. 2007), the court makes the following observations about assessing credibility, United States v. McCurdy, 2008 U.S. Dist. LEXIS 93011 (D. Me. November 13, 2008): The Court finds that the Government has proven it is more likely than not Ms. Sawtelle consented to the search of the attic and the seizure of the military harness and rifle case...continue to full post

Full post as published by Fourth Amendment on November 19, 2008 (boomark / email).