TN: Informant hearsay failed Aguilar/Spinelli because of lack of corroboration

Uncorroborated details left affidavit based on informant hearsay wanting, and probable cause was lacking. State v. Whittington, 2008 Tenn. Crim. App. LEXIS 320 (April 29, 2008)*:

In the instant case, the informant was a member of the criminal milieu. Therefore, in order for the information to be credible, the factors of Aguilar–Spinelli must be satisfied. The “basis of knowledge” prong is satisfied by the informant’s representation that he was present at 56 Mount Pinson Road and saw large bags of marijuana at the residence. This information is listed in the search warrant affidavit; however, there is no information as to the credibility of the informant contained in the search warrant.

. . .

Identification of the presence of the three vehicles located at a house where three people reside is a “non-suspect” event. While an outstanding summons for the violation of the bad check law indicates at least probable cause of a misdemeanor theft related offense, it has little, if any, corroborative value as to corroborating the possession of marijuana. It is also “non-suspect” behavior for it to be established that a person has been in jail for an unspecified offense.

That leaves two facts uncovered by independent police investigation and submitted to establish that the informant’s information in this particular case is reliable. First, one resident was arrested in 2001 for a narcotics offense, and, secondly, another resident was arrested in 2002 and again in 2004 for the sale and delivery of cocaine. This knowledge alone does not constitute probable cause. If there had been other factors corroborated by the police outside of the “non-suspect” behavior, the discovery of the prior arrests could have provided a basis for probable cause in addition to the other factors. See State v. Hennings, 975 S.W.2d 290, 295 (Tenn. 1998). In this instant case, however, that did not occur. While everything the informant told the police was found to be true, it was information that anyone could have obtained and did not pertain to any criminal activity. The only specific information provided by the informant and corroborated by the police was presence of the cars in the driveway and the residents of the home. This is all non-suspect activity and is, therefore, insufficient to negate the deficiency in the search warrant. Because there is no information given in the search warrant as to the credibility of the informant and because of the lack of police corroboration to establish the reliability of the informant’s information of criminal activity, the search warrant did not meet the standards of Aguilar/Spinelli. Accordingly, the judgment of the circuit court is reversed and the indictment against Defendant is dismissed.

The four corners of the affidavit for the search warrant showed probable cause for issuance of the warrant. Commonwealth v. Otterson, 2008 PA Super 85, 947 A.2d 1239 (2008).*

Officer had reasonable suspicion that defendant’s vehicle was the one driving the wrong way on an interstate highway when he found a vehicle parked on a lot with flashers on that matched the description of the vehicle in the radio call. State v. Hanning, 2008 Tenn. Crim. App. LEXIS 319 (April 29, 2008).*