People v. Castillo, 80 N.Y.2d 578 (1992)
A defendant’s right to participate in a suppression hearing can be limited to protect the confidentiality of an informant when the reliability of probable cause and the necessity for confidentiality are clearly demonstrated.
Summary
Castillo was convicted of drug and weapon possession after a search of his apartment pursuant to a warrant. The warrant was based on information from a confidential informant. Castillo sought to inspect the warrant and supporting documents and challenge the probable cause determination. The court denied discovery and held an in camera suppression hearing without Castillo’s participation, finding that disclosure could compromise the informant’s safety. The New York Court of Appeals affirmed, holding that under these circumstances, the trial court properly denied discovery, balancing the defendant’s rights with society’s need to protect informants.
Facts
Police searched Castillo’s apartment on April 6, 1988, pursuant to a warrant authorized by a Supreme Court Justice based on a police officer’s affidavit and sworn testimony from a confidential informant. The Justice ordered the record sealed. The search revealed cocaine, a machine gun, handguns, ammunition, and $28,000 in cash. Castillo was present during the search and arrested. Castillo’s wife alleged that prior to the search, other officers had entered the apartment without permission, which Castillo’s counsel argued tainted the warrant.
Procedural History
Castillo was charged with drug and weapon possession. He moved to suppress the evidence, claiming an unlawful search. The suppression court held an in camera hearing, excluding Castillo, to determine if the prior police contact tainted the search. The court found the searches unrelated and denied the suppression motion. Castillo pleaded guilty to reduced charges after the denial. The Appellate Division affirmed, and Castillo appealed to the New York Court of Appeals.
Issue(s)
Whether a suppression procedure conducted without the defendant’s participation, due to concerns for a confidential informant’s safety, violates the defendant’s constitutional right to due process and the effective assistance of counsel.
Holding
No, because under the circumstances presented in the record, the trial court could properly deny the defendant discovery, balancing the defendant’s right to participate in the defense with society’s need to protect informants.
Court’s Reasoning
The Court of Appeals acknowledged the defendant’s constitutional right to be free from unreasonable searches and the right to a suppression hearing. However, it emphasized the difference between a trial and a pretrial suppression hearing, noting that due process requirements for a hearing may be less demanding than at trial. The court balanced the defendant’s right to participate in the defense with society’s need to encourage citizen participation in law enforcement through anonymity.
The court cited McCray v. Illinois, emphasizing that the exclusionary rule is not aimed at safeguarding the truth-seeking process but is a remedy to discourage police misconduct. The Court distinguished this case from trial situations where disclosure of an informant’s identity is often required if relevant to the defense (citing Roviaro v. United States and People v. Goggins).
The Court relied on People v. Darden, which endorsed in camera examination of confidential informants. While acknowledging that in this case, none of the factual predicates for probable cause were revealed to the defendant, the court noted that intermediate appellate courts have approved ex parte, in camera review of search warrant applications in similar circumstances (citing People v Rodriguez, People v Peterson, and others).
The court emphasized the suppression court diligently protected the defendant’s rights, following a four-step procedure based on People v. Seychel to assess the warrant and the need for confidentiality. The court stated that appellate review of probable cause ensures there was a substantial basis for the magistrate’s conclusion, not a reevaluation of accuracy. The Court cautioned that procedures sanctioned are reserved for cases where reliability of probable cause and necessity of confidentiality are clearly demonstrated. The court stated, “Although a defendant who does not have access to the information purporting to establish probable cause will be unable to suggest reasons why probable cause was lacking, this fact does not deprive the defendant of due process or the effective assistance of counsel.”