STATE OF FLORIDA, APPELLANT,
v.
JOHN COY ADAMS, JR., APPELLEE
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The court held that a strip search of a confidential informant is not always necessary to establish probable cause for a search warrant.
Cocaine was found in the defendant's home pursuant to a search warrant based on a confidential informant's controlled buy. The trial court suppressed …
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BERANEK, Judge.
The State appeals an order granting the defendant’s motion to suppress physical evidence. Cocaine was found in defendant’s home when it was searched pursuant to a search warrant. The warrant was based on probable cause established after a confidential informant participated in a “controlled buy” under the direction of the County Sheriff’s Organized Crime Bureau. The informant was searched immediately before and after the buy to guarantee that no money or contraband was hidden on her person. Based on the fact that the officer did not perform a sufficient body search, the trial court found that the warrant was based on less than probable cause, and the defendant’s motion to suppress was granted. We reverse.
The subject of the requirements of search warrants issued on the basis of tips of confidential informants has recently been considered by the United States Supreme Court. In Illinois v. Gates, et ux.,-U.S. -, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), it was at least made clear that when analyzing affidavits based on an informant’s tips, the magistrate should consider the totality of the circumstances to determine whether probable cause exists, as opposed to applying the rigid two-pronged test espoused by Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1969), and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969).
In this case, considering the totality of the circumstances established by the affidavit considered by the magistrate, it is clear that he had a substantial basis for concluding that probable cause existed.
We hold that it was not necessary to require a strip search of the informant in order to establish probable cause given the circumstances of this case. Therefore, the decision of the lower court granting the motion to suppress is reversed and the matter is remanded for further proceedings.
REVERSED AND REMANDED.
ANSTEAD, C.J., and HURLEY, J., concur.
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Cited By
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McCALL v. State, 684 So. 2d 260 (Fla. 4th DCA 1996)…o. 2d at 17. This court has held that it is not necessary to require a strip search of the confidential informant immediately before and after a controlled buy in order to establish the credibility of the informant’s information. See State v. Adams, 436 So. 2d 276 (Fla. 4th DCA 1983). On the other hand, in Delacruz v. State, 603 So. 2d 707 (Fla. 2d DCA 1992), the absence of any search, whatsoever, of the confidential informant, prior to or after the buy, led the trial court to conclude that the buy was not su…
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Lees v. Pierce, 648 So. 2d 839 (Fla. 5th DCA 1995)…Trust Corp., 610 So. 2d 531 (Fla. 5th DCA 1992); Snow v. Byron, 580 So. 2d 238 (Fla. 1st DCA 1991); Barnes v. Camden Realty, Inc., 578 So. 2d 20 (Fla. 1st DCA 1991); Bruce v. O’Neill, 445 So. 2d 379 (Fla. 4th DCA 1984); Brickell v. Hollywood, Inc., 436 So. 2d 276 (Fla. 4th DCA 1983); Pledger v. Burnup & Sims, Inc., 432 So. 2d 1323 (Fla. 4th 1983). The burden of proof to show that there are no triable issues and no genuine issue of material fact is on the moving party in a motion for summary judgment. Holl v.…
Authorities Cited
- Illinois v. Gates et ux., 462 U.S. 213 (U.S. 1983)
- Aguilar v. Texas, 378 U.S. 108 (U.S. 1964)
- Spinelli v. United States, 393 U.S. 410 (U.S. 1969)