People v. Schnitzler, 18 N.Y.2d 457 (1966)

A search warrant may be based on hearsay information from a confidential informant if the affidavit supporting the warrant details the underlying circumstances, gives reason for crediting the source, and a magistrate finds probable cause.

Summary

This case addresses the issue of probable cause for a search warrant based on information provided by a confidential informant. The Court of Appeals held that the warrant was valid because the affidavit presented to the issuing judge detailed the circumstances of the alleged crime, provided a basis for believing the informant’s information, and the judge found probable cause based on the affidavit and the officer’s sworn testimony. The court emphasized that a commonsense, rather than hyper-technical, approach should be used when reviewing warrants and that doubtful cases should be resolved with a preference for upholding the warrant.

Facts

A police detective obtained a search warrant for Alfred Schnitzler’s apartment. The detective’s affidavit stated that a confidential informant had told him Schnitzler was selling large quantities of marijuana. The informant claimed to have been present when over 50 pounds of marijuana were delivered to Schnitzler’s apartment. The affidavit included Schnitzler’s name, physical description, and address.

Procedural History

A Criminal Court Judge issued the search warrant. Schnitzler was subsequently convicted based on evidence seized during the search. The defendant appealed, arguing that the search warrant was not supported by probable cause. A habeas corpus hearing was held, where the officer testified the judge asked about the informant’s reliability. The Court of Appeals reviewed the case to determine the validity of the search warrant.

Issue(s)

Whether the affidavit, coupled with the officer’s sworn testimony before the issuing judge, provided probable cause for the issuance of a search warrant.

Holding

Yes, because the affidavit detailed the underlying circumstances of the alleged crime, provided a basis for believing the informant’s information, and the issuing judge made a determination of probable cause after questioning the officer under oath.

Court’s Reasoning

The court relied on United States v. Ventresca, which held that probable cause cannot be based solely on an affiant’s or informer’s belief without detailing the underlying circumstances. However, Ventresca also stated that when circumstances are detailed, reason for crediting the source is given, and a magistrate finds probable cause, courts should not invalidate the warrant with hyper-technical interpretations. The court also cited Brinegar v. United States, stating that probable cause deals with probabilities and practical considerations of everyday life. The court noted that hearsay evidence is admissible on the issue of probable cause. The affidavit stated that Schnitzler was selling marijuana in large quantities and that deliveries had been made to his apartment. The court acknowledged that the affidavit lacked a statement of the informer’s reliability, but this information was provided to the judge by the officer’s sworn testimony before the warrant was issued. “The Supreme Court in United States v. Ventresca… said that probable cause cannot be made out by merely stating the belief of an affiant or an informer that probable cause exists without detailing the underlying circumstances upon which that belief is based. But the court went on… to say this: ‘However, where these circumstances are detailed, where reason for crediting the source of the information is given, and when a magistrate has found probable cause, the courts should not invalidate the warrant by interpreting the affidavit in a hyper technical, rather than a commonsense, manner.’” The court emphasized that the judge fulfilled his duty under Section 794 of the Code of Criminal Procedure by examining the officer under oath and supplementing the affidavit with additional information about the informant’s reliability. While the court noted it is best practice to record this additional information, its absence does not invalidate the warrant in this case.