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LA5: Controlled buy corroborated CI

By John Wesley Hall, Jr.

While the CI was fully tested or corroborated, the search warrant was based on the CI’s controlled buy, and that was good enough. State v. Payne, 2011 La. App. LEXIS 80 (5th Cir. January 25, 2011).* The place where defendant was stopped was a high crime area, and, when talking to the defendant, the officer told him to remove his hands from his pockets (for officer safety). Instead, defendant shoved his hand deeper into his pocket, and the officer forcibly removed it and 10 bags of dope came out, too. This was reasonable. State v. Huntley, 2011 La. App. LEXIS 82 (5th Cir. January 25, 2011).* The officer’s suspicions were reasonably aroused by defendant’s conduct to call for a drug dog. Whether the drug dog alerted is credited despite the defendant’s claim the dog never alerted...continue to full post

Full post as published by Fourth Amendment on January 30, 2011 (boomark / email).