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Criminal Law

: Fourth Amendment

AL: Burglars of defendant's property could be CIs

By John Wesley Hall, Jr.

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Four men were arrested trying to break into defendant’s property. They claimed they were looking for marijuana that they believed would be there. The police used that information to get a search warrant, and five pounds of marijuana were found. The fact they were first time CIs did not make them unreliable. [Well, every CI has to start somewhere.] State v. Jenkins, 2007 Ala. Crim. App. LEXIS 89 (May 25, 2007), released for publication January 4, 2010, affirmed by Ex parte Jenkins, 2009 Ala. LEXIS 25 (Ala., Jan. 16, 2009). Defendant was stopped for pulling out of a convenience store without headlights at 3 a.m. The officer observed a baggy of probable meth when he was talking to the defendant getting his driver’s license. The officer called for backup...continue to full post

Full post as published by Fourth Amendment on February 04, 2010 (boomark / email).

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