...records custodian, 3) it did not establish that she had knowledge of the company's ordinary course of business at the time in question, and 4) her testimony only related her understanding of the u..., the district court noted that the subpoena duces tecum was mailed to First Health by Suncoast's counsel after the close of discovery. Further, the court noted, the affidavit of..., P.A., Tampa, FL, for Defendants-Appellees, Cross-Appellants. Appeals from the United States District Court for the Middle District of Florida...

.... Gates, 462 U.S. at 236, 103 S.Ct. 2317. For cases where the affidavit is based on an inform...all we know, [the informant] could have been a rival drug dealer, an angry customer, or had some other beef with Bell, which is certainly a factor to consider when assessing the reliability of his statements.”); se...same concern expressed in Bell: perhaps Doe was reporting Glover merely because of gang rivalries. Finally, Doe's appearance before the judge bolstered the reliability of the ...

...order and remand this action. The issue before the trial court was whether the information contained in the affidavit was s...affidavit. He does not challenge the existence of the informant nor does he allege the information to be fraudulent or falsely made. When an attack is made upon the deficiency...665 (Tenn.Cr.App. 1974). Unless the defendant alleges fraud in the procurement of the warrant or the absence of an informant as set out in the affidavit,...

...warrant affidavit establishes Agent Paulson's reliability and expertise in evaluating child pornography. Prideaux-Wentz maintains that the affidavit and warrant did not est...the uploaded pictures that raise concerns about the reliability of the affidavit generally. We have already rejected the idea that Agent Paulson and Stenzel's differi...interpretations of the pictures undermined the reliability of the affidavit, and we also do not believe that Agent Paulson's characterization of the photos was intention...

...reliability of the "Affidavit." For starters, as the State notes in its answer, although purportedly signed by Ms. Phlipot, the identity of the person who signed the "...inconsistent and only increase the Court's skepticism about the reliability of Ms. Phlipot's "Affidavit." The Court has foun...credibility of the affiant[] bear on the probable reliability of that evidence." Schlup, 513 U.S. at 332...

...he obtained his information or to show his reliability. It may be concluded from the above statement in Spinelli that if the affidavit sets forth that the informer obtained his ...the information, the affidavit would be sufficient to sustain a search warrant. The statement speaks of, but places much less emphasis on, ...magistrate in believing the informant had grounds for his statement that there was marijuana on the premises. The second question is whether there is anything in the affidavit to indic...

...appeal there has been no showing that the informant ever had a criminal or juvenile record, or any other involvement with the law, which might undermine the reliability of the affidavit. ...activities, or the trustworthiness of the informant's motives in volunteering information. We disagree. "[A] warrant affidavit [need not contain] an averment of previous reliability, the ...21 U.S.C. § 841(b)(1)(B)(vii) (minimum sentence of five years for "manufacture" of one hundred or more marijuana plants). Scalia contends that the affidavit supporting...

...illegal, maintaining that the search occurred before the warrant was signed and that the warrant was not supported by probable cause. Specifically, defendant contends that the four corners of the ...four corners of the affidavit fail to establish the reliability of the informant. We likewise find no b...based on the affidavit of the deputies, reciting as the basis for probable cause information supplied by an unidentified informant who had supplied reliable information at various times in the pas...

... the reliability of the reports, as explained in the director's affidavit, and the indicia of reliability ..., 54 F.3d 214, 221 (5th Cir. 1995). An important consideration in this balancing is the reliability of the challenged testimony. See Grandlund...reliability of the many reports. In United States v. McCormick, 54 F...

...Magistrate's conclusion that the affidavit contained sufficient probable cause for issuance of the warrant. Although the affidavit is silent as to the credibility and/or ...the affidavit reliable information over a five year period. In addition, similar to the instant case, the detective and the issuing magistrate were aware of the informant's name. ..., and is willing to be named in the affidavit, the `totality of the circumstances' presents a `substantial basis' for conducting a search for that evidence." Id. at 878. The Defendant sugge...

...accept into evidence. Soto-Hernandez, 726 F.2d at 1071. The BIA correctly declined to consider the affidavits of the two other aliens because Hernan...Hernandez' guilty plea to the charge of aiding and abetting Arnulfo to enter the United States illegally and an affidavit which Hernandez gave to the Border Patrol at the time of his arre.... For the reasons discussed infra, the BIA should not have considered the ex parte affidavit of Arnulfo which ...

...upon the affidavit of a DEA agent who received his information from Lazos. The second warrant was issued for the search of the vessel used in the smuggling operation....disclosed his personal role in the smuggling operation. He admitted participation in illegal activities. Such statements against one's own penal interest are a sufficient indication of reliability by themselves. As ...compelling here. The informant's admissions, coupled with his specific information, combine to form more than an adequate basis of reliability of the affidavit. Thus, the second prong ...

...-examination: Serrato made the statements more than forty years before trial, some of the statements were self-serving, and the affidavit does not indicate Serrato's basis of knowledge. These weak...the citizenship statute governs. To prove Duron–Caldera's alienage, the government sought to introduce a sworn affidavit of his maternal grandmother, Francisca...investigation into document fraud, including the alleged filing of fraudulent birth certificates by Duron–Caldera's parents and Serrato. The affidavit is on an immigration form signed by Serrato, an...

...that he was denied effective assistance of counsel because his attorney (1) failed to challenge the reliability of the affidavit which provided probable cause for a search warrant and (2) failed t...quotation marks omitted). If the first element is satisfied, "the second element of prejudice requires a reasonable probability that, but for a counsel's unprofessional errors, the result of the p...that he was denied effective assistance of counsel because his counsel "failed to move the Court to determine the reliability of the affidavit which led to the execution ...

...Samtech's proposal (the appellants do not allege that they submitted more than one proposal to the Air Force), the debarment of USI and Mirza Ali, and Moore's personal investigations of the matter... argue that Moore failed to establish her personal knowledge of the facts contained in the affidavit and that the affidavit consequent... Appeal from the United States District Court for the Northern District of California Fern M. Smith, District Judge,...

...corporate representative of BBG for deposition (a Rule 30(b)(6) deposition). BBG argues that a review of the Affidavit and deposition testimony of Mr. Reytikh ... ORDER This cause is before the Court on: Dkt. 541-16 Affidavit of Pavel Reytikh Dkt. 581 Motion to Strike Affidavit ..., R1A Palms, LLC, Triple Net Exchange, LLC, MK Investing, LLC and BNK Smith, LLC ("Kaplan Parties") move to strike the Affidavit of Pavel Reytikh, pursuant to Fed. R. Civ. P. 56(e...

...officer's own tracing of the odor to 4905 Hudson Bend Road, which was the address of the house later searched, provides sufficient "indicia of probable cause" such that official belief in ...controlled substances. The affidavit upon which the search warrant was based stated as follows: . .. on or about the 10th day of September A.D., 1988, Your affiant received a call in...allegations of factual deficiencies in the affidavit supporting the warrant: first, that the naming of the addresses of the residence and of the Dry Do...

...in it. As a result, Voyles lacks standing to contest the admission of the evidence seized from his computer. Moreover, because Voyles failed to demonstrate a reasonable expectation of privacy in his work computer, ... EARNEST LEON VOYLES, Appellant v. THE STATE OF TEXAS, State. No. 2-03-207-CR Court of Appeals of Texas, Second District..., Fort Worth. Delivered: March 25, 2004. Appeal from the 396th District Court of Tarrant County...