Recently, a state appellate court issued a written opinion in a Massachusetts drug case discussing whether the police possessed probable cause to obtain the warrant they used to search the defendant’s apartment. Finding that the tip from a confidential informant gave police probable cause to believe the defendant was involved in the sale of narcotics, and followed by an “imperfectly” executed controlled-buy, the court reversed a lower court’s ruling granting the defendant’s motion to suppress.
The Facts of the Case
Police were given a tip by a confidential informant (CI) that the defendant sold cocaine from his apartment. The CI provided police with a description of the defendant, as well as his name and address. Police verified that a man by the defendant’s name lived at the address provided by the CI, and then arranged for the CI to make a controlled-buy from the defendant.
The CI was seen approaching the defendant’s foyer, and then seen a short time later leaving the defendant’s foyer. At no point was the defendant seen, and the CI was not seen entering the defendant’s home. When the CI returned to police, he provided them with cocaine and told the police it was obtained from the defendant.