IN RE JOHNSON ET AL.

Citator

Cited By

• United States v. Samual Sultan, 463 F.2d 1066 (2d Cir. 1972)
  …an informant is later proved to have lied, as long as the affiant accurately represented what was told him. United States v. Dunnings, supra, 425 F. 2d at 839-840; United States ex rel. DeRosa v. LaVallee, 406 F. 2d 807, 808 (2d Cir.), cert. denied, 396 U.S. 854, 90 S.Ct. 115, 24 L.Ed.2d 103 (1969) (probable cause is “determined solely upon the information presented to the issuing magistrate, unless, of course, this is proved to have been false, to the knowledge of the affiant, in a material respect” (empha…
• United States v. Abramson, 553 F.2d 1164 (8th Cir. 1977)
  …there is probable cause to believe that an offense has been or is being committed.7 See Aguilar v. Texas, 378 U.S. 108, 111, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964); United States ex rel. DeRosa v. LaVallee, 406 F. 2d 807, 808 (2d Cir.), cert. denied, 396 U.S. 854, 90 S.Ct. 115, 24 L.Ed.2d 103 (1969). Probable cause is not defeated even if the informant lied to the agent, as long as the agent accurately represented what was told him. United States v. Sultan, 463 F. 2d 1066, 1070 (2d Cir. 1972); see United Sta…
• Merlon S. Hines v. Beto, 473 F.2d 1034 (5th Cir. 1973)
  …Appeals and concluded that “the record permits an informed judgment that the in-court identification was of independent and untainted origin.” That finding is not “clearly erroneous,” e. g., Carroll v. Beto, 5 Cir. 1968, 402 F. 2d 61, cert. denied, 396 U.S. 854, 90 S.Ct. 115, 24 L.Ed.2d 103; accordingly, the case must be affirmed. Affirmed.…