St. Fleur v. State

An unknown informant's uncorroborated tip did not provide probable cause for issuance of a search warrant.

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Following the execution of a search warrant at the residence where he lived, Edward St. Fleur was arrested and subsequently indicted for the offenses of possession with intent to distribute cocaine and possession with intent to distribute marijuana.1 The trial court denied his motions to suppress and to reveal the identity of a confidential informant, but certified its order for immediate review. We granted St. Fleur’s application for interlocutory appeal, and this appeal followed. 1. Motion to suppress . St. Fleur argues that the search warrant was not supported by probable cause.

The affidavit in support of the search warrant contained the following pertinent information: Your affiant is Investigator Alonzo Bell who is a member of the Richmond County Sheriff’s Office and has been so employed for the past 6 years. Within the past 24 hours, this affiant has been in contact with a co-operating source who was found to be in possession of an amount of marijuana. The source further indicated that they have been in the target residence within the past 48 hours and have purchased an amount of marijuana from Fleur. The source also stated that they had been purchasing varying amounts of marijuana from Fleur approximately 2 to 3 times per week. Within the last 12 hours, this affiant monitored a phone conversation between Fleur and the source. During the conversation, the source attempted to arrange the purchase of an amount of marijuana from Fleur. Fleur stated to the source that he did have marijuana at the residence; however, he was not at the residence at this time and would not return until later. Within the last 12 hours, this affiant monitored another conversation between Fleur and the source. During the conversation, Fleur again stated that he was still not at the residence and would call the source to come to the target residence to pick up the marijuana upon his arrival. . . .” In cases such as this,

St. Fleur v. State

An unknown informant's uncorroborated tip did not provide probable cause for issuance of a search warrant.

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