Please ensure Javascript is enabled for purposes of website accessibility

01-3496 U.S. v. Johnson

By: dmc-admin//May 20, 2002//

01-3496 U.S. v. Johnson

By: dmc-admin//May 20, 2002//

Listen to this article

“Although this case presents a close question, we believe that the factual record before the state court judge was sufficient to support a finding of probable cause and the issuance of the search warrant. It is true that the CI did not provide the level of specificity and detail that would have removed all ambiguity from the probable cause inquiry, but we cannot examine the facts provided by the CI in isolation. Instead, we must evaluate “the totality of the circumstances,” Gates, 462 U.S. at 234, and under that standard, the facts supported the issuance of the search warrant. Here, the CI provided first-hand observations of illegal activity, offered statements against his penal interest, and appeared before the magistrate to allay any concerns regarding his veracity. Moreover, the investigating officer corroborated the fact that at least one of the vehicles parked in front of Johnson’s home belonged to the defendant.”

Affirmed.

Appeal from the United States District Court for the Northern District of Illinois, Bucklo, J., Flaum, J.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests