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Smith v. State

Under the totality of the circumstances, the absence of significant information regarding the confidential informant's reliability was not fatal to the affidavit supporting the search warrant.

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Robert Lee Smith appeals from the trial court’s denial of his motion to suppress evidence that was seized at his house pursuant to a search warrant. Because we conclude there was probable cause to issue the warrant, we affirm.

The evidence at the hearing on the motion to suppress was as follows. Walker, the officer who signed the affidavit for the search warrant, testified that he was working with a confidential informant at the time in question and went with the informant to the trailer park where Smith lived. After searching the informant to make sure he wasn’t carrying any contraband, the investigator gave the informant money to buy cocaine. The informant went up to a woman who had come out of one of the trailers and told her he wanted to buy some cocaine. The investigator had his window rolled down and could hear the conversation between the woman and the informant. The confidential informant asked the woman if she would go to Defendant Smith’s house and buy some cocaine for him. The woman agreed and the informant handed her the money. The woman went to Smith’s trailer, knocked on the door and the door was opened for her. Three to five minutes later, the investigator saw her come out of the trailer, go up to the confidential informant and put something in his hand. The woman also told the informant that there was more cocaine in the trailer for future drug buys.

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