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Duffy v. State

Under the totality of the circumstances, the uncorroborated hearsay statements of two informants that the defendant was selling cocaine from two separate rooms at different hotels did not provide probable cause for the search warrant.

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In defense of possession of cocaine charges, Christopher Derrick Duty moved to suppress evidence of cocaine found by police during a search of a motel room pursuant to a search warrant. In his pre-trial appeal, Duty claims the trial court erroneously denied the motion because the affidavit presented to the magistrate to obtain the search warrant was insufficient to support a determination that there was probable cause to believe contraband would be found in the room. We agree and reverse the trial court’s denial of the motion.

The police officer’s affidavit was the only information presented to the magistrate in support of the search warrant. It stated that within the past 24 hours an informant who had previously provided reliable information told the officer that Duty was selling cocaine from room 115 of the Dublin Motel; that within the past week a second reliable informant told the officer that Duty was selling cocaine from room 22 of the Irish Inn Motel and that he was driving “a red newer model Chevrolet Cavalier.” The affidavit further stated that an investigation conducted by police showed that Duty was staying in room 24 at the Irish Inn, was driving a red 2000 model Chevrolet Cavalier, and had previously been arrested on unrelated drug charges.

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