Recently, a state appellate court issued an opinion in a Massachusetts drug case discussing whether the search warrant obtained by police was valid. The case involved the use of a confidential informant who did not know the defendant and did not ever mention to officers that the defendant was involved in the sale of narcotics. However, the court upheld the search that was conducted after officers obtained a warrant to search the defendant’s apartment through the officers’ independent investigation.
The Facts of the Case
Police received numerous tips that a man was selling narcotics out of a gold sedan. Several of the tips indicated that the sedan had a strap holding the vehicle’s truck in place. One of the tips came from a confidential informant who told officers that he had purchased narcotics from a man in a gold vehicle who was accompanied by a woman. Police went to the location provided by the tipsters and witnessed the subject of their investigation leave a residence and enter a gold sedan with a strap holding the trunk in place. A woman accompanied the subject.
Police ran the vehicle’s information, and it came back as registered to the defendant’s mother. Police also discovered that there had been a domestic disturbance call made about ten months prior by the defendant against the subject. Police began to believe that the defendant was the woman seen with the subject although they had no proof of that belief. Police officers conducted an investigation and obtained a phone number they believed to be the defendants. When police called as asked for the defendant by name, she replied “speaking.”