KENNETH J. DUDLEY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Appellant Dudley challenged a search warrant for drug paraphernalia based on an informant's tip. The court held that the affidavit failed to establish the informant's reliability, and reversed the denial of the motion to suppress.
The affidavit was deficient because it failed to contain facts regarding the informant's reliability. Even though the informant might be characterized as a 'citizen informant,' this classification does not obviate concerns about credibility, particularly where the report is unverified.
[1] An affidavit for a search warrant must demonstrate the reliability of the informant providing the information.
[2] A confidential informant's reliability is not presumed simply by labeling them a "citizen informant."
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Merely stating that the informant is a citizen or confidential informant does not obviate the concern for his credibility, especially where the report is unverified.”
Establishes that the 'citizen informant' classification does not provide automatic reliability without independent verification
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Join FLexlaw to unlock all legal intelligenceLaw enforcement obtained a search warrant based on an affidavit from an informant whose identity was kept confidential. The informant stated he had kn…
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CAMPBELL, Judge.
Appellant challenges the trial court’s denial of his motion to suppress drug paraphernalia seized from his residence pursuant to a search warrant. Appellant contends that the affidavit upon which the search warrant was based failed to show that the informant supplying the information for the warrant was reliable. We agree.
The affidavit that formed the basis for the issuance of the search warrant was based on statements made by an informant whose identity was kept confidential. The informant stated to law enforcement that he had known appellant for approximately five years and had personally observed several pounds of marijuana and various items of paraphernalia in appellant’s residence within days pri-or to the search. The informant stated that the reason for coming forward with this information was concern for the safety of children in the area.
The state argues that the informant in this case is a “citizen informant” and entitled to a presumption of reliability unlike a confidential informant. See State v. Novak, 502 So. 2d 990 (Fla. 3d DCA), rev. denied, 511 So. 2d 299 (Fla.1987). We disagree. Merely stating that the informant is a citizen or confidential informant does not obviate the concern for his credibility, especially where the report is unverified. See Rowe v. State, 355 So. 2d 826 (Fla. 1st DCA 1978).
The facts in this case indicate that the informant was not simply an honest, disinterested citizen. As stated above, the informant had known appellant and others who resided with appellant for several years and had been inside of the residence within days of the search and observed marijuana, rolling papers, pipes and scales. The informant also stated that he had used marijuana in the past and was familiar with what the drug looked like. The only other fact relied upon to support the search was the statement by law enforcement in the affidavit that they had knowledge of narcotics dealings at appellant’s residence. This is insufficient to corroborate the informant’s information. See State v. Rivera, 634 So. 2d 302 (Fla. 5th DCA 1994).
Since the affidavit underlying the search warrant was deficient in that it failed to contain facts regarding the informant’s reliability, we reverse the order denying appellant’s motion to suppress and remand for further proceedings.
DANAHY, A.C.J., and FRANK, J., concur.
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Citator
Cited By
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Dwain D. Wallace, III v. State, 964 So. 2d 722 (Fla. 2d DCA 2007)…nal liability for the supposed firearms offense. Thus Mr. Ike-Onyechi’s veracity was doubtful, and his tip — standing alone — did not give the police a well-founded suspicion to conduct an investigatory detention of Mr. Wallace. See Dudley v. State, 667 So. 2d 428 (Fla. 2d DCA 1996); Dial v. State, 798 So. 2d 880 (Fla. 4th DCA 2001); Roper v. State, 588 So. 2d 330 (Fla. 5th DCA 1991); Novak, 502 So. 2d 990; State v. Rizo, 463 So. 2d 1165 (Fla. 3d DCA 1984). Our conclusion about the unreliability of Mr. Ike-O…
Authorities Cited
- State v. Novak, 502 So. 2d 990 (Fla. 3d DCA 1987)
- Seaborn H. Wade, Jr. v. Worth E. Johnson and Nancy A. Johnson, 355 So. 2d 826 (Fla. 3d DCA 1978)
- State v. Rivera, 634 So. 2d 302 (Fla. 5th DCA 1994)