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State v. Cochran

A reliable confidential informant witnessed an individual enter the defendant's home with $40 and quickly return with a rock of crack cocaine.

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Law enforcement officers found cocaine at the residence of Charles Daniel Cochran while executing a search warrant. Cochran was subsequently charged with trafficking in cocaine. He filed a motion to suppress the cocaine, arguing that the search warrant was invalid because it was based on unreliable, uncorroborated information. The trial court granted the motion to suppress, and the State appeals. The State contends that there was adequate probable cause for the issuance of the search warrant. For reasons that follow, we reverse. 1. The magistrate issued a search warrant for Cochran’s residence based on the May 3, 2004 affidavit of Investigator Alan Gilley of the Piedmont/Northern Multi-Agency Narcotics Squad. On April 30, 2004, Gilley and another officer met with a paid confidential informant who had provided reliable information to the Narcotics Squad in the past. On at least six previous occasions, information from this person led to the seizure of “marijuana, crack cocaine, cocaine, and stolen property.”

The confidential informant told Gilley that, four days earlier, the confidential informant had driven another individual, subsequently identified as Becky Ivester, to Cochran’s residence. En route, Ivester stated “Danny has the good stuff, he’s got the best,” which the confidential informant interpreted as crack cocaine. Ivester had $40 in her hand. When they arrived at Cochran’s residence, Ivester went inside with the money and quickly returned with a rock of crack cocaine. Ivester told the confidential informant “see how he does me, he hooks me up,” which the confidential informant took to mean that Ivester had gotten a large amount of crack cocaine for $40.

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