OH12: Issuing magistrate does not have to examine further about CI’s believability
FourthAmendment.com:
Issuing magistrate was not shown to have abandoned judicial role merely because he did not inquire further into the reliability of the informant. State v. Dubose, 2008 Ohio 5933, 2008 Ohio App. LEXIS 4974 (12th Dist. November 17, 2008).*
In making a credibility determination after granting a motion to reopen a suppression hearing after having denied the motion, United States v. McCurdy, 480 F. Supp. 2d 380 (D. Me. 2007), the court makes the following observations about assessing credibility, United States v. McCurdy, 2008 U.S. Dist. LEXIS 93011 (D. Me. November 13, 2008):
The Court finds that the Government has proven it is more likely than not Ms. Sawtelle consented to the search of the attic and the seizure of the military harness and rifle case. The Court bases its finding on its assessment of the credibility of the witnesses, including Deputy Rolfe and Mr. Huckins. The Court readily concedes that Mr. Huckins’ motivations and recollections remain a mystery, and there are some indicia of reliability. But, these indicia are outweighed by unexplained contradictions with other evidence and a striking implausibility when Mr. Huckins’ testimony is held up against the broader context of the domestic violence complaint, the sequence of events, and common sense police procedure.
Consenter lacked common authority, but the officer’s reliance on what appeared to be common authority validated the search. United States v. Meador, 2008 U.S. Dist. LEXIS 92728 (E.D. Mo. January 7, 2008).*