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CA2: Informant's tale did not show PC to search all of a multiple family dwelling under Gates

By John Wesley Hall, Jr.

The search warrant for all of a multiple residence building failed because the officers relied on an untested informant that defendant was “in control” of the entire building and then the officers failed to tell the magistrate that there were multiple residences within it. As to “in control,” the affidavit and informant were wholly conclusory under Gates. United States v. Clark, 2011 U.S. App. LEXIS 4506 (2d Cir. March 8, 2011): Here, such information was totally lacking on the issue of control. First, the issuing judge was not advised as to the size of the building or the number of residential units it contained, which would have provided an important, if not essential, context for evaluating the probability of the “full control” allegation...continue to full post

Full post as published by Fourth Amendment on March 10, 2011 (boomark / email).