People v. Castillo, 80 N.Y.2d 578 (1992)
A search warrant application based on information from a confidential informant must demonstrate the informant’s reliability to the issuing judge, independent of police conclusions, and without relying solely on an unverified affidavit signed by the informant.
Summary
The New York Court of Appeals held that a search warrant was improperly issued because the application relied on an affidavit from a confidential informant whose reliability was not adequately established. The police investigator’s affidavit lacked details of prior successful uses of the informant, and the informant’s affidavit was signed only as “Confidential Informant.” The issuing judge failed to independently assess the informant’s reliability. The court emphasized that the determination of probable cause rests with the judge, not the police. Therefore, evidence seized during the search was suppressed, and the indictment was dismissed.
Facts
A confidential informant told Schenectady Police Department Investigator Galligan that drugs could be purchased from the defendant at her apartment. The informant claimed to have purchased cocaine from the defendant but was not accompanied by police during the purchase. Investigator Galligan applied for a search warrant based on his affidavit and two affidavits signed only as “Confidential Informant.” The investigator’s affidavit did not provide details of any prior instances where the informant’s information led to a conviction or was independently verified. The issuing judge did not question the informant before issuing the warrant. A quantity of cocaine was seized from the defendant’s apartment during the warrant’s execution.
Procedural History
The County Court denied the defendant’s motion to suppress the drugs seized from her apartment. The Appellate Division affirmed the County Court’s decision, finding that the police knew the informant’s identity and address, the sworn statements provided sufficient probable cause, and the informant acknowledged the statements. The New York Court of Appeals reversed the Appellate Division’s order.
Issue(s)
Whether an affidavit signed only by a “Confidential Informant,” without any determination by the issuing judge as to that person’s reliability, can establish the probable cause necessary for a search warrant.
Holding
No, because an application for a search warrant based on information from an undisclosed informant must demonstrate the informant’s reliability to the issuing judge. It is the issuing Judge, not the police or applicant for the search warrant, who must be satisfied that there is a reasonable basis for the issuance of the warrant.
Court’s Reasoning
The Court of Appeals relied on Article I, Section 12 of the New York State Constitution, which is analogous to the Fourth Amendment of the U.S. Constitution. Citing People v. Griminger, 71 N.Y.2d 635, the court reiterated that an application for a search warrant based on an undisclosed informant’s information must demonstrate both the informant’s reliability and the basis of the informant’s knowledge. The court found that neither Investigator Galligan’s affidavit nor the informant’s affidavits established the informant’s reliability. The court emphasized that the issuing judge, not the police, must be satisfied that there is a reasonable basis for issuing the warrant. The judge must inquire into the facts supporting the application. The court noted that the police officer’s affidavit did not articulate any prior success with this informant, and the informant’s affidavits were merely signed “Confidential Informant.” The court stated: “It is the issuing Judge, not the police or applicant for the search warrant, who must be satisfied that there is a reasonable basis for the issuance of the warrant.” This case highlights the importance of judicial oversight in the warrant process and the need for concrete evidence of an informant’s reliability to protect against unreasonable searches.