United States v. Rigaud, No. 11-1260 (1st Cir. 2012)Annotate this Case
After the government disclosed new information regarding its confidential informant, Rigaud moved to suppress evidence recovered in 2006 during the execution of a search warrant and sought an evidentiary hearing to establish that there were material omissions from an affidavit submitted in support of the request for a search warrant that undermined the probable cause finding. The district court denied the motion. Rigaud then pleaded guilty to drug trafficking charges, reserving his right to appeal denial of his motion to suppress. The First Circuit affirmed. The district court correctly found that disclosure that the informant was not searched or was searched inadequately would not have resulted in a negative finding on probable cause; there was ample corroboration to overcome her untrustworthiness.