PA: Complete lack of corroboration of CI showed no PC for SW

The affidavit for search warrant did nothing to corroborate the CI. The only inference that can be drawn is that more investigation is required, and it wasn’t done. Therefore, there was no probable cause on the face of the affidavit, and the motion to suppress was improperly denied. Commonwealth v. Manuel, 2018 PA Super 232 (Aug. 23, 2018) (dissent):

Here, the totality of the circumstances, as presented in Officer Hoover’s affidavit, fell far short of establishing probable cause. The affidavit itself is largely comprised of information that is irrelevant under the circumstances of this case. For example, Officer Hoover writes extensively of her training and experience, but did not use that training and experience to do anything more than conduct a search of PennDOT’s records. Pared down to its relevant essentials, the affidavit of probable cause actually amounted to no more than the following facts: A person that Officer Hoover knows told her that, within the last 72 hours, he was in a residence confirmed by Officer Hoover to belong to Appellants and, while there, the person saw live and packaged marijuana, as well as accessories for the cultivation thereof. These facts, alone, do not form a substantial basis for concluding that probable cause existed. See Gates, supra. Rather, the information indicates the need for further investigation, which Officer Hoover did not undertake.

In sum, we simply do not believe that the CI’s reliability was adequately established by an averment that he provided a tip leading to one still-pending prosecution, details of which were not included in the affidavit of probable cause. Without something more, the affidavit of probable cause contained insufficient information to “reduce[] the chances of a reckless or prevaricating tale,” and provide “a substantial basis for crediting the [CI’s] hearsay.” Otterson, supra. As such, the trial court erred in finding the warrant to be supported by probable cause.

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