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NY2: Uncorroborated CI's hearsay did not justify stop; even without standing, defendant wins

By John Wesley Hall, Jr.

The stop of defendant’s car was without probable cause, despite his apparent lack of standing to challenge the search of the car. The CI gave hearsay information to him, and there was no observation by the officer of any criminality. People v Voner, 2010 NY Slip Op 5803, 2010 N.Y. App. Div. LEXIS 5734 (2d Dept. June 29, 2010): Here, even assuming that McMahon's testimony that the confidential informant had supplied information leading to prior arrests was sufficient, standing alone, to establish the informant's reliability ..., the basis-of-knowledge prong of the Aguilar-Spinelli test was not satisfied. The informant never indicated to McMahon that the information he was supplying was based upon his personal knowledge or observations...continue to full post

Full post as published by Fourth Amendment on July 03, 2010 (boomark / email).