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CO: Failure to show CI's basis of knowledge makes SW fail, and no GFE

By John Wesley Hall, Jr.

The officer here completely failed to show the CI’s basis of knowledge and the officer did not corroborate it, so there was no showing of probable cause. Even though the existence of a warrant creates a presumption of good faith under state law, the defendant rebutted it by showing that the officer’s lack of knowledge. People v. Hoffman, 2010 Colo. App. LEXIS 493 (April 15, 2010).* Officers had no qualified immunity for their warrantless entry and subsequent search. Walker v. King County, 2010 U.S. App. LEXIS 7898 (9th Cir. April 16, 2010) (unpublished).* Stop near the scene of a bank robbery and waiting for backup to arrive was reasonable. United States v. Dixon, 2010 U.S. Dist. LEXIS 37631 (D. Minn. March 8, 2010).* The search of defendant’s car was justified by consent, so Gant does not apply to this § 2255...continue to full post

Full post as published by Fourth Amendment on April 21, 2010 (boomark / email).