Criminal Practice – Search & Seizure – Warrant Application – Confidential Informant – Reliability

State v. Brody (Lawyers Weekly No. 011-044-17, 14 pp.) (Mark Davis, J.) Appealed from Mecklenburg County Superior Court (Carla Archie, J.) N.C. App.

Holding: In the affidavit supporting the application for a warrant to search defendant’s home, the detective did not describe the precise outcomes of previous tips from his confidential informant. Nevertheless, the affidavit said that (1) law enforcement officers independently investigated prior information provided by the CI, (2) the detective supervised the CI’s purchase of cocaine from defendant, and (3) the detective considered the CI to be a “reliable informant.” The affidavit adequately demonstrated the CI’s reliability.

We affirm the trial court’s denial of defendant’s motion to suppress.

Detective Duft’s affidavit also stated that investigators had known the CI for two weeks, the CI had previously provided them with information on other persons involved in drug trafficking in the area, and Detective Duft considered the CI to be a “reliable informant.” The CI had demonstrated to Detective Duft that he was “familiar with drug pricing and how controlled substances are packaged and sold for distribution in the Charlotte area.” In addition, the CI revealed to Detective Duft that he had visited defendant’s home approximately 30 times — including a visit that occurred within 48 hours prior to the affidavit being sworn — and “observed [defendant] possessing and selling cocaine on each occasion.” Finally, the affidavit reflected that Detective Duft had 18 years of law enforcement experience, including significant experience and training relating to the investigation of drug trafficking.

Under the totality of the circumstances, we conclude that the magistrate had a substantial basis for determining that probable cause existed to believe cocaine was present in defendant’s home based on Detective Duft’s affidavit and the permissible inferences that could be drawn from it.

Affirmed.