People v. Adrion, 82 N.Y.2d 628 (1993)
When a confidential informant’s tip is essential to establishing probable cause, the prosecution must produce the informant for a Darden inquiry, even if the arresting officer observes suspicious circumstances; failure to produce the informant requires suppression of the evidence.
Summary
Defendants were arrested after an FBI agent, acting on a confidential informant’s tip, observed them unloading stolen merchandise. The New York Court of Appeals addressed whether the prosecution could refuse to produce the informant for a Darden inquiry, arguing that the agent’s observations independently established probable cause. The Court held that the prosecution was obligated to produce the informant or forfeit the evidence because the informant’s tip was crucial for establishing probable cause. The Court reasoned that Darden addresses verifying the truthfulness of police testimony about a known informant, a distinct issue from assessing an anonymous tip’s reliability.
Facts
The Samsonite Corporation reported the theft of luggage. An FBI agent in New York was informed by the Newark office that a confidential informant stated the stolen luggage was in a Ryder truck at a specific Brooklyn address. The agent found the truck, observed defendant Grado arrive in another Ryder truck, and saw defendants unloading cartons into a garage. The agent noticed the markings on the cartons matched those of the stolen luggage. Grado provided implausible explanations regarding the goods and their destination.
Procedural History
The defendants were indicted for criminal possession of stolen property and moved to suppress the evidence. The trial court ordered the People to produce the confidential informant for a potential Darden hearing. The People refused, stating the FBI would not make the informant available. The trial court suppressed the evidence, finding no probable cause without the informant’s information. The Appellate Division reversed, but the Court of Appeals reversed the Appellate Division, granting the motion to suppress and dismissing the indictment.
Issue(s)
Whether the People may refuse to comply with a trial court’s order to produce a confidential informant for a Darden inquiry when the arresting officer obtained confirmatory information through their own observations.
Holding
No, because the Darden procedure addresses the distinct problem of verifying the truthfulness of the police witness’s testimony about dealings with a known informant, ensuring the informant is not “wholly imaginary” or the communication “entirely fabricated.”
Court’s Reasoning
The Court distinguished between verifying an anonymous tip and verifying police testimony about a confidential informant. People v. Elwell (50 N.Y.2d 231) allows independent police observations to validate an anonymous tip by establishing its reliability and accuracy. However, Darden (34 N.Y.2d 177) addresses a different concern: ensuring the police are truthful about the existence and role of the informant. The Court emphasized that “[w]hat is at stake in Darden situations is the integrity of the proceeding itself.” The Court reasoned that even though the agent observed suspicious activity, he wouldn’t have been at that location without the informant’s tip. Therefore, the tip was crucial to establishing probable cause, necessitating a Darden inquiry. The Court rejected the argument that cross-examination was sufficient to test the officer’s credibility, reaffirming the trial court’s authority to require the informant’s production to ensure a fair proceeding. The Court stated, “[T]here is no satisfactory substitute for the production of the informant — or at least the production of extrinsic proof of the informant’s existence when the informant is demonstrably unavailable.”