What is the test for a motion to suppress a search warrant for an alleged criminal informer?

MultiRegion, United States of America

The following excerpt is from United States v. Martin, 18-1468, 18-1916, 18-2795 (2nd Cir. 2020):

evidence of a crime will be found in a particular place." Gates, 462 U.S. at 238. Though we need not defer to the district court's conclusion in this case, we accord "great deference" to the issuing judge's determination of probable cause, id. at 236, and are instructed to resolve "doubtful or marginal cases" in harmony with the "preference to be accorded to warrants," Smith, 9 F.3d at 1012 (quoting United States v. Ventresca, 380 U.S. 102, 109 (1965)).

Given the totality of the circumstances and considering the deference we give to the issuing judge, the district court was correct to deny the motion to suppress. It is true that "a criminal informer is less reliable than an innocent bystander with no apparent motive to falsify," United States v. Gagnon, 373 F.3d 230, 235 (2d Cir. 2004) (internal quotation mark and citation omitted), so Raymond's reliability may be undermined by the fact that he was incarcerated at the time of his interview. But we have also explained that "a face-to-face informant must . . . be thought more reliable than an anonymous telephone tipster, for the former runs the greater risk that he may be held accountable if his information proves false." Id. (internal quotation marks, alterations, and citation omitted). While Raymond's reliability may be undermined by his criminality, it is bolstered

Page 8

Other Questions


Is a search warrant obtained after a warrantless entry sufficient to suppress or suppress evidence seized pursuant to the search warrant? (MultiRegion, United States of America)
Is Graff's application for a motion to suppress a search warrant that the search warrant was overbreadth? (MultiRegion, United States of America)
When a search warrant is issued, can the search warrant be used to search for a suspect who has been detained without a warrant? (MultiRegion, United States of America)
When seeking a search warrant for criminal activity, does the search warrant need to describe the specific criminal activity suspected? (MultiRegion, United States of America)
When a search warrant is issued based upon information from a "informant", is the search warrant based upon "probable cause" to believe that contraband or evidence is located in particular place? (MultiRegion, United States of America)
Does the government have to obtain a search warrant to search for evidence that the search warrant was obtained without a warrant? (MultiRegion, United States of America)
What is the impact of section 2.256(8) of the Criminal Code on the search warrant used to obtain a search warrant for a speech-gathering warrant? (MultiRegion, United States of America)
Does a search warrant need to include observations that indicate there is no evidence of criminal activity in the search warrant affidavit? (MultiRegion, United States of America)
Is there error in the district court's denial of Defendant's motion to suppress evidence recovered in a search, pursuant to a search warrant, of Room 113 of the Hotel? (MultiRegion, United States of America)
Does a search warrant that seeks to suppress evidence used at trial contain an overbroad search warrant? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.