People v. Hicks, 38 N.Y.2d 90 (1975)
A search warrant may be issued based on the sworn statement of an identified citizen informant who provides firsthand information regarding criminal activity, without requiring independent corroboration of the informant’s reliability.
Summary
The New York Court of Appeals held that a search warrant was validly issued based on the sworn affidavit of a named citizen informant who detailed firsthand observations of the defendant’s criminal activity. The court distinguished this situation from cases involving confidential informants, where the informant’s reliability must be independently established. The court reasoned that citizen informants, who report crime out of civic duty, are inherently more reliable than underworld informants and their sworn statements can directly establish probable cause without requiring corroboration. This decision upholds the importance of citizen involvement in law enforcement and provides a practical framework for assessing probable cause based on identified informant testimony.
Facts
Kenneth Leone, an 18-year-old, provided a sworn affidavit to police detailing his observations at Douglas Hicks’ residence. Leone stated that he was in Hicks’ bedroom, where Hicks admitted to stealing a safe during a burglary. Hicks opened the safe, revealing marijuana and fireworks. Hicks also claimed that stereo equipment in the room and a new engine/bucket seats for his car were stolen. Leone’s affidavit included his name, address, and telephone number.
Procedural History
Based on Leone’s affidavit, a search warrant was issued for Hicks’ residence. Evidence found during the search led to Hicks being indicted for burglary and grand larceny. Hicks’ motion to controvert the search warrant was denied. He pleaded guilty to petit larceny charges, satisfying all indictment charges and a separate charge in District Court. The Appellate Term affirmed the convictions.
Issue(s)
Whether probable cause existed to support the issuance of the search warrant based solely on the sworn affidavit of an identified citizen informant, without independent corroboration of the informant’s reliability.
Holding
Yes, because the affidavit was a sworn statement of an identified member of the community attesting to facts directly and personally observed, which sufficiently supports the issuance of a search warrant.
Court’s Reasoning
The court reasoned that the traditional two-pronged Aguilar-Spinelli test (requiring a showing of the informant’s reliability and basis of knowledge) does not apply when the affidavit is based on the direct observations of a named citizen informant. The court distinguished this situation from cases involving confidential informants, where the police officer is repeating a story told to him by a “reliable” informant; instead, the information furnished the court came directly from the informer’s sworn statement. The court stated, “Unlike Aguilar and Spinelli, the affiant in this case is not a police officer repeating a story told to him by a ‘reliable’ informant; instead, the information furnished the court came directly from the informer’s sworn statement, without the benefit of filtering by the police.” The court emphasized that citizen informants are inherently more reliable than underworld informants because they act out of civic duty and without expectation of personal gain. The court also noted the safeguards against false information, including the risk of prosecution for false statements and civil liability for malicious prosecution. The court concluded that requiring independent corroboration of a citizen informant’s sworn statement would be absurd and would denigrate the character of public-spirited citizens. The court emphasized that such civic-mindedness should be encouraged and applauded.