People v. Castillo, 22 N.Y.3d 991 (2013)
When a search warrant is based on information from a confidential informant, and the warrant application and supporting affidavit alone do not establish probable cause, the court must examine the transcript of the informant’s testimony before the magistrate to determine if probable cause existed and if CPL 690.40(1) was substantially complied with.
Summary
Castillo was convicted on drug and weapon charges after a search of his home pursuant to a warrant. The warrant was based on an affidavit from a police officer and the oral deposition of a confidential informant. Castillo moved to suppress the evidence, arguing the warrant lacked probable cause and requesting a Darden hearing. The Supreme Court denied the motion without reviewing the informant’s testimony. The Appellate Division affirmed. The Court of Appeals held that while a Darden hearing was not required, the Supreme Court erred in not reviewing the informant’s testimony to determine if probable cause existed and if the requirements of CPL 690.40(1) were met. The case was remitted for further proceedings.
Facts
A police officer obtained a search warrant for Castillo’s home based on her affidavit and the oral deposition of a confidential informant. The affidavit stated the informant purchased cocaine from Castillo at his home on three occasions. The affidavit did not detail the informant’s reliability or track record. During the warrant application process, the confidential informant testified before the issuing magistrate.
Procedural History
The Supreme Court denied Castillo’s motion to suppress the evidence obtained during the search, without reviewing the transcript of the confidential informant’s testimony. Castillo was subsequently convicted. The Appellate Division affirmed the conviction, holding that the denial of a Darden hearing was appropriate. Castillo appealed to the New York Court of Appeals.
Issue(s)
1. Whether the Supreme Court erred in failing to examine the transcript of the confidential informant’s testimony before the magistrate to determine if the search warrant was issued upon probable cause.
2. Whether the Supreme Court erred in failing to determine if the formal requirements of CPL 690.40(1) had been substantially complied with.
Holding
1. Yes, because when the search warrant and supporting affidavit do not by themselves establish probable cause, the court must review the transcript of the informant’s testimony to determine if probable cause existed based on the totality of the evidence presented to the magistrate.
2. Yes, because the suppression court must ensure that there was substantial compliance with CPL 690.40(1) to ensure the regularity of the application process and preservation for appellate review.
Court’s Reasoning
The Court of Appeals reasoned that the search warrant and supporting affidavit, standing alone, did not establish probable cause. The affidavit lacked sufficient information to assess the informant’s reliability, failing to demonstrate a proven track record or indicate the informant was under oath. While admissions against penal interest can contribute to probable cause, the informant’s statements lacked sufficient detail and police corroboration. The court distinguished this case from People v. McCann, where the informant provided a detailed, signed statement against their penal interests with the explicit understanding that false statements were a crime.
Because the warrant application was deficient, the Supreme Court was required to review the transcript of the informant’s testimony to determine if probable cause was established before the magistrate. Furthermore, the court emphasized the importance of complying with CPL 690.40(1), which requires that any examination of a person providing pertinent information be recorded or summarized. This ensures the regularity of the warrant application process and preserves the grounds for issuing the warrant for appellate review. As the court stated, “[t]he suppression court must find that there was substantial compliance with CPL 690.40 (1) in order to provide an ‘assurance of the regularity of the application process and preservation for appellate review of the grounds upon which a search warrant is issued.’” The case was remitted to the Supreme Court to review the transcript and determine if probable cause and compliance with CPL 690.40(1) were established.