People v. Hanlon, 36 N.Y.2d 549 (1975)
An affidavit supporting a search warrant application based on information from an undisclosed informant must satisfy a two-pronged test: establishing the informant’s veracity and the basis of their knowledge, but warrants are favored and should be upheld in marginal cases.
Summary
This case consolidates appeals concerning the validity of search warrants based on information from confidential informants. The Court of Appeals addressed whether the affidavits supporting the warrants established probable cause, specifically focusing on the reliability of the informants and the basis of their knowledge. The court held that both warrants were valid because the affidavits provided sufficient details to establish the informants’ credibility and a basis for believing their information was accurate. The Court reiterated a preference for warrants, presuming police good faith when a warrant is secured.
Facts
In Hanlon, a detective obtained a search warrant based on an informant’s tip that marijuana and a weapon were located at Hanlon’s residence, along with the detective’s observation of known narcotics users entering and leaving the premises. The informant had previously provided information leading to arrests. In Rosen and Fredericks, a detective obtained warrants to search the defendants and a printing corporation based on an informant’s detailed description of an illegal football pool operation, which police surveillance corroborated. The informant had a history of providing accurate information.
Procedural History
In Hanlon, the County Court denied the motion to suppress the evidence. The Appellate Term affirmed on different grounds. In Rosen and Fredericks, the City Court granted the motion to suppress, finding the affidavit insufficient. The People appealed the disposition in Rosen and Fredericks.
Issue(s)
1. Whether the affidavit in Hanlon sufficiently established the timeliness of the informant’s information and the informant’s reliability.
2. Whether the affidavits in both cases sufficiently established the basis of the informants’ knowledge.
Holding
1. Yes, because a common-sense reading of the affidavit suggests the information was recent, and the informant had purchased narcotics from the defendant, provided accurate information previously, and the police corroborated the information.
2. Yes, because in Hanlon, the detailed nature of the information suggested personal observation. In Rosen and Fredericks, the pattern of activity described by the informant, including specific details, was sufficiently accurate to lead to a reasonable belief that the conclusion was likewise accurate.
Court’s Reasoning
The court relied on the two-pronged test established in Aguilar v. Texas, requiring that an affidavit based on an informant’s tip must establish both the informant’s veracity and the basis of their knowledge. The court found the Hanlon affidavit satisfactory because it indicated that the informant had purchased drugs from the defendant, which is against the informant’s penal interest. The affidavit also stated that the informant had provided accurate information previously. Furthermore, the police corroborated aspects of the informant’s information. The court cited Spinelli v. United States to explain that detailed information can suggest personal observation.
Regarding the Rosen and Fredericks case, the court acknowledged that the defendants conceded the reliability of the informant, but the defendants challenged the basis of knowledge. The court stated, “The pattern of activity related by the informant, even to the extent of relating the time, day, place and mechanics of the operation, was of such accuracy and detail as to lead to a reasonable belief that the conclusion was likewise accurate.” The court also stated, “As the pattern unfolded the informer’s statements were reinforced by what the defendants did and the defendants’ activity was colored by what the informant said.”
The court emphasized a strong preference for search warrants, stating that when a warrant has been secured, the good faith of the police will be presumed and the subsequent search upheld in a marginal or doubtful case. The court cautioned against reading search warrant applications in a hypertechnical manner, stating that they must be considered in the clear light of everyday experience and accorded all reasonable inferences.
“Where a search warrant has been secured, the bona fides of the police will be presumed and the subsequent search upheld in a marginal or doubtful case.”