People v. Hendricks, 25 N.Y.2d 129 (1969)

An affidavit in support of a search warrant relying on information from a confidential informant must demonstrate both the informant’s reliability and the basis of the informant’s knowledge to establish probable cause.

Summary

This case addresses the requirements for establishing probable cause for a search warrant when relying on information from a confidential informant. The Court of Appeals held that an affidavit must demonstrate both the informant’s reliability and the basis of their knowledge. The affidavit in this case was deemed insufficient because it only established the informant’s past reliability but failed to provide any details about how the informant obtained the information about the defendant possessing a weapon and stolen property. Consequently, the evidence seized and the defendant’s subsequent admissions were suppressed.

Facts

Detective Mugan obtained a search warrant for John Hendricks and his residence based on an affidavit stating that a reliable informant told him Hendricks possessed an illegal revolver and stolen property. Upon executing the warrant, officers found a loaded gun and airline tickets in Hendricks’s briefcase and more weapons in his home. After being confronted with the evidence, Hendricks admitted ownership of the weapons.

Procedural History

Hendricks was indicted on weapons and forgery charges. The trial court suppressed the airline tickets but not the weapons. After a hearing, the court upheld the warrant’s validity. Hendricks pleaded guilty to a misdemeanor weapons charge. The Appellate Division affirmed. Hendricks appealed to the New York Court of Appeals.

Issue(s)

1. Whether the affidavit supporting the search warrant established probable cause based on the informant’s information.
2. Whether the defendant’s admissions should be suppressed as fruits of an illegal search and seizure.

Holding

1. Yes, because the affidavit only established the informant’s reliability but failed to show how the informant obtained the information about Hendricks’s possession of the weapon and stolen property.
2. Yes, because the admissions were directly linked to the illegal search and seizure, and the taint of the illegality had not been attenuated.

Court’s Reasoning

The court applied the two-pronged test from Aguilar v. Texas and Spinelli v. United States, requiring the affidavit to demonstrate both the informant’s reliability and the basis of the informant’s knowledge. While Detective Mugan’s affidavit established the informant’s reliability by citing past instances where the informant provided information leading to arrests and convictions, it failed to provide any details about how the informant obtained the information about Hendricks’s possession of the weapon and stolen property. The court stated, “There must be more than an ultimate conclusion of probable cause or the affiant’s mere assertion that the information received was reliable.”

The court distinguished this case from situations where the informant provides detailed information, suggesting firsthand knowledge, or where police independently corroborate the information. Here, the informant’s assertion was a mere conclusion, similar to the insufficient affidavits in Aguilar and Spinelli.

The court rejected the argument that it should presume the informant saw the weapon, stating it would be impermissible, as it was in Giordenello v. United States, to presume that the informant had firsthand knowledge. A remand for a further hearing to establish the basis of the informant’s knowledge was also rejected, because “it would be manifestly unfair to the defendant to now allow the People to offer proof that the informer told the officer he saw the defendant in possession of the gun.”

The court further held that the defendant’s admissions made after being confronted with the illegally seized items should also be suppressed. The court explained that these admissions were “tainted by the primary illegality” of the search and seizure because the link between them was “straight but short and immediate” and the taint was not attenuated.