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Carlton v. State

The officer's failure to disclose the confidential informant's criminal record and the fact that he was paid was offset by the informant's previous reliability.

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Cecil Carlton appeals from the judgment entered after a trial court found him guilty of possession of cocaine with intent to distribute. Carlton argues the trial court erred in denying his motion to suppress, claiming there were irregularities in the application for the warrant as well as insufficient probable cause for the issuance of the warrant. We conclude there was no reversible error and affirm.

At the motion to suppress hearing, Officer Kirkland testified that he applied for a search warrant on Carlton’s residence on the morning of September 30, 1999, based primarily on information provided by a confidential informant. The confidential informant told the officer that Carlton was distributing narcotics from his residence. The informant met with the officer within 72 hours preceding the issuance of the warrant. At this meeting the informant told the officer he had been inside Carlton’s residence and observed the sale of narcotics within the same 72-hour period.

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