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State trial judge does not have to have CI in front of him to determine credibility

By John Wesley Hall, Jr.

State court judge did not have to have the CI in front of him to determine his credibility. Probable cause existed. United States v. Bowman, 2008 U.S. Dist. LEXIS 104777 (W.D. Wis. November 28, 2008).* Free Exercise, Fourth and Fifth Amendment claims failed in DNA collection case. Kaemmerling v. Lappin, 2008 U.S. App. LEXIS 26507 (D.C. Cir. December 30, 2008).* The evidence supports the district court's finding of consent to search defendant's house. He was Mirandized and informed of his consular rights. He was in handcuffed in a police car and was asked for additional consent to open a locked cabinet. United States v. Espinoza-Flores, 2008 U.S. App. LEXIS 26456 (9th Cir. December 11, 2008) (unpublished).* Defendant's claim of his inability to understand English well enough to consent was rejected on the testimony of the four officers who conversed with him in English...continue to full post

Full post as published by Fourth Amendment on January 03, 2009 (boomark / email).