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N.D.Cal.: CI's information and surveillance still not PC here

By John Wesley Hall, Jr.

Here, the CI’s information and the police surveillance the defendant probationer lived at the place searched was the defendant’s were not sufficient to provide probable cause, and the motion to suppress is granted. United States v. Gates, 2010 U.S. Dist. LEXIS 114395 (N.D. Cal. September 8, 2010)*: Here, the undisputed facts show that the CI does not meet the standard required by Gates to establish probable cause. First, the informant's basis of knowledge was never provided, and the information given about the 98th Avenue home (color, fencing, presence of dog in the yard) was consistent with what anyone walking by on the sidewalk would observe. Notably, the CI did not provide any specific information regarding the residence not known to the public...continue to full post

Full post as published by Fourth Amendment on October 31, 2010 (boomark / email).