There was no substantial basis for a finding of probable cause for this search warrant. Not only were the credibility and reliability of the informant questionable, but the tip was overly broad and made no mention of defendant’s residence and did not hint that the criminal activity was occurring in, near, or even around the area of his apartment. State v. McCants, 2019 Del. Super. LEXIS 172 (Apr. 4, 2019).
The choice not to call the other person present at the execution of the search warrant at trial was a tactical and reasonable one. He went to the police to claim the property seized, but he couldn’t describe it, and the police thought defendant put him up to it. State v. Palmer, 2019 Del. Super. LEXIS 175 (Apr. 4, 2019).*