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1st Circuit: WARRANT MISIDENTIFIES DRUG, BUT STANDS UP

Events that substantially occur as a confidential informant claimed despite misidentification of the trafficked drug are sufficient to form the basis for a legal search, warrant, ruled the 1st Circuit Court of Appeals.

The court said the informant's tip wasn't 100 percent accurate, but contained enough veracity for a police to obtain a warrant to search the Providence, R.I., residence of John Barnes for crack cocaine.

An informant told police Barnes was dealing crack cocaine from his home and would make deliveries in a white Cadillac.

Police staked out the residence for several months and observed what appeared to be drug transactions.

On a specific day, the informant said Barnes would ...

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