United States v. Tanguay
907 F. Supp. 2d 165
D.N.H.2012Background
- Warrant to search Tanguay’s laptop was based on Wiggin’s tip alleging child pornography; Nolet omitted Wiggin’s felony falsification conviction and other credibility issues from the affidavit.
- Evidentiary hearing showed Wiggin’s credibility was potentially compromised by past crimes and “quirky”/“police groupie” labels from Conway officers.
- Nolet testified she relied on a 2008 New Hampshire Attorney General’s Manual to deem credibility nonessential unless a clear bias existed, but she did not actually consult the manual.
- The affidavit failed to disclose Wiggin’s full history, including the falsification conviction, yet the warrant still would have probable cause based on Wiggin’s account coupled with other corroborating information.
- Court held that the omissions were intentional or reckless but, when corrected for, the warrant still showed probable cause to search for child pornography.
- Conclusion: suppression denied; evidence admissible; Franks does not require exclusion where omissions would not negate probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Were omissions by the affiant deliberate or reckless? | Tanguay | Tanguay | Yes; omissions were reckless |
| Did omissions negate probable cause? | Tanguay | Tanguay | No; probable cause remains |
| Does Franks require suppression for omissions that would not negate probable cause? | Tanguay | Tanguay | No; suppression denied |
| Was Wiggin’s credibility properly treated under the manual and common law? | Tanguay | Tanguay | Not dispositive; still probable cause |
| Can an ordinary citizen informant’s dishonesty defeat probable cause when other facts support it? | Tanguay | Tanguay | No; credibility concerns did not negate cause |
Key Cases Cited
- United States v. Castillo, 287 F.3d 21 (1st Cir. 2002) (omission of credibility factors can be weighed with other facts to sustain probable cause)
- United States v. Charles, 213 F.3d 10 (1st Cir. 2000) (informant credibility and omissions evaluated in totality of circumstances)
- United States v. Stewart, 337 F.3d 103 (1st Cir. 2003) (Franks framework and caution against overinclusive disclosures)
- Burke v. Town of Walpole, 405 F.3d 66 (1st Cir. 2005) (reckless omissions assessed when information is material to probable cause)
- United States v. Robinson, 546 F.3d 884 (7th Cir. 2008) (informant credibility context and non-informant witness corroboration)
- United States v. Syphers, 426 F.3d 461 (1st Cir. 2005) (probable cause from totality of circumstances in child-pornography search)