Magistrate Judge Hugh Scott
An informant’s testimony supported detective Garcia’s application for a warrant to search Peoples’ apartment. Except for the issuing judge’s handwritten notes, there was no recording or transcription of the judge’s colloquy with the informant. The magistrate judge (court) recommended denial of suppression of materials seized from Peoples’ apartment, denial of a Franks hearing, and denial of suppression of evidence seized from Peoples’ car after a separate stop and search. Peoples sought reconsideration, claiming the informant’s reliability and veracity were not developed by the issuing judge or the court. Discussing United States v. Fountaine, United States v. Culligan and People v. Taylor, the court granted reconsideration of suppression’s denial as to evidence from Peoples’ apartment. Given the insufficient record, a Franks hearing would determine what was and was not presented to the judge considering the warrant application. However, applying the standard in United States v. Amanuel, the court denied reconsideration of suppression’s denial as to evidence from the search of Peoples’ car. Although based on evidence from the same informant, the search of Peoples’ apartment, and the traffic stop were two distinct events.
