Monday, July 14, 2014

United States v. Ruiz, No. 13-30003 (Christen with Fisher; dissent by Gould).

"Can't trust the confidential informant", concludes the 9th, "and the cops mislead," BUT not enough to dismiss. The CI here identified the defendant in a suspected shooting as "McDog." The CI had given some information, but seemed evasive. The police found she was being investigated on drug charges, and she became a whole lot more cooperative with a deal. The police did not inform the magistrate, who signed the search warrant, about these facts. The 9th criticized the misleading, and were concerned about the purported photo line up "identification" that was less than certain and involved factors such as cross ethnic, and lighting issues. Yet, for all the problems, dissembling, and omissions, there was just enough corroborating evidence to prevent a dismissal. Gould in dissent would dismiss for a Franks violation. There was insufficient cooroboration. The majority makes the mistake of hindsight instead of a clear eyed view.


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