United States v. Tanguay, No. 14-1174 (1st Cir. 2016)
Annotate this CaseDefendant was convicted of possession of child pornography. Defendant appealed, arguing that the district court erred in refusing to suppress evidence that had been gathered in a police search of his home and computer. The search was conducted pursuant to a warrant issued by a magistrate, who found probable cause based on the affidavit of a state trooper that relied on information obtained from an informant. The First Circuit withheld and final ruling on the denial of the motion to suppress and remanded the case for further findings, holding that the district court erred in ruling as a matter of law that a police officer affiant never has a duty to make further inquiry into the credibility of an informant before presenting to a magistrate a warrant application. After conducting further proceedings on remand, the district court made additional findings and again denied Defendant’s motion to suppress, concluding that the warrant affidavit established probable cause. The First Circuit affirmed, holding that the showing of probable cause was not vitiated when the district court further reformed the trooper’s affidavit.
This opinion or order relates to an opinion or order originally issued on May 22, 2015.
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