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Criminal Law

: Fourth Amendment

Corroboration of statements against penal interest saved warrant where no showing of basis of knowledge

By John Wesley Hall, Jr.

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Affidavit for search warrant did not show the informant's basis of knowledge, but the affidavit related statements against penal interest and the officer corroborate significant details. Thus, the officer showed probable cause. United States v. Evans, 2008 U.S. Dist. LEXIS 34285 (D. Vt. April 23, 2008).* Outstanding traffic warrant justified limited entry and protective sweep when the person wanted answered the door. When defendant answered the door, he was inside, and the kitchen was right next to him, so the officers could conduct a protective sweep of the kitchen and plain view supported seizure of drugs on the kitchen counter. United States v. Williams, 2008 U.S. Dist. LEXIS 34278 (W.D. La. February 5, 2008)*: In this case, the officers knew of an outstanding traffic warrant for the defendant...continue to full post

Full post as published by Fourth Amendment on April 30, 2008 (boomark / email).

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