People v. Wheatman, 29 N.Y.2d 337 (1971)
An affidavit supporting a search warrant can be based on hearsay if it provides the magistrate with sufficient information to determine both the reliability of the informant and the reliability of the information provided.
Summary
This case addresses the requirements for establishing probable cause in a search warrant affidavit when the affidavit is based on hearsay. The District Attorney obtained search warrants based on an affidavit summarizing grand jury testimony alleging a bid-rigging conspiracy. The New York Court of Appeals held that the affidavit was sufficient because the grand jury witnesses testified under oath against their penal interests, and their testimonies corroborated each other. This established both the reliability of the informants and the reliability of the information, justifying the issuance of the search warrants. The court reversed the Appellate Division’s decision, which had found the affidavit insufficient.
Facts
The District Attorney investigated a bid-rigging conspiracy involving painting contracts for New York City Housing Authority projects. The conspiracy allegedly involved painting contractors and a Housing Authority official, Wheatman, who provided inside information on bidding estimates. Assistant District Attorney Phillips applied for search warrants for the offices of the contractors, submitting an affidavit based on sworn testimony from witnesses before the Grand Jury. The affidavit stated that these witnesses admitted to being parties to an agreement to rig bids and identified the contracting firms as parties to the agreement. It further alleged that Jerry Jerome obtained Housing Authority estimates and shared them with other conspirators. Based on this information, Judge Fine issued warrants, and a search uncovered relevant documents.
Procedural History
The defendants moved to suppress the evidence seized during the search, arguing the affidavit lacked probable cause. The trial court denied the motion. The defendants were convicted, but the Appellate Division reversed, finding the affidavit insufficient. The People appealed to the New York Court of Appeals. The Appellate Division, on reargument, affirmed Wheatman’s conviction, finding he lacked standing to challenge the warrants. Wheatman also appealed.
Issue(s)
- Whether an affidavit based on hearsay testimony before a grand jury can establish probable cause for the issuance of a search warrant if the affidavit adequately demonstrates the reliability of the informants and the reliability of their information.
Holding
- Yes, because the affidavit summarized sworn grand jury testimony where witnesses admitted to being part of a bid-rigging agreement, thereby testifying against their penal interests and corroborating each other’s accounts, which sufficiently established both the reliability of the informants and the reliability of their information.
Court’s Reasoning
The Court of Appeals stated that for an affidavit based on hearsay to be sufficient, it must allow a magistrate to independently assess the reliability of both the informant and their information. The court noted that reliability can be established in various ways, including prior reliable information, corroboration, statements against penal interest, and sworn testimony. In this case, the informants’ reliability was demonstrated by their sworn testimony before the grand jury, where they admitted to being parties to the bid-rigging agreement, thereby testifying against their penal interests. The fact that multiple informants corroborated each other’s testimony further bolstered their reliability.
Regarding the reliability of the information, the court found it significant that the witnesses had firsthand knowledge of the conspiracy. The affidavit indicated that the witnesses testified to being parties to the agreement and identified the roles of various individuals and companies. The court reasoned that because the bid estimate information was essential to the conspiracy, it was reasonable to infer that copies of the forms would be found in the offices of the conspirators. The court rejected the argument that the affidavit was defective for failing to provide a “substantial basis” for concluding that the material sought would be found in the contractor’s offices.
The court also addressed the defendants’ request for the names of the grand jury witnesses, stating that revealing their identities would jeopardize the ongoing investigation and potentially expose the witnesses to interference or intimidation. Quoting the decision, the court noted the importance of protecting witnesses “from interference from those under investigation,” preventing “subornation of perjury and tampering with prospective [trial] witnesses” and assuring “prospective witnesses [before the Grand Jury] that their testimony will be kept secret.”
In conclusion, the court found the affidavit sufficient to establish probable cause and reversed the Appellate Division’s order. The case was remitted to the Appellate Division to consider other factual and legal contentions raised by the defendants.