McKinney v. State, 107 A.3d 1045

In Dec. 2012 a confidential informant (CI) told police he bought marijuana that day at 1509 Maple Ave., Apt. 1 from a white female with dark hair and blue eyes and had previously bought from a black male there.
Officer Mitchell confirmed that Bernardo McKinney (black) and his girlfriend Ashley King (white, blue eyes) lived at that apartment and presented a photo lineup; the CI identified King.
Mitchell’s affidavit for a search warrant relied on the CI’s tip; it did not state the CI’s reliability or include independent police corroboration of illegal activity at the apartment.
Officers executed the warrant and seized money, drugs, and a firearm; McKinney was convicted of possession of a firearm by a person prohibited (PFBPP) after a bench trial.
McKinney moved to suppress the evidence arguing the warrant affidavit failed to establish probable cause; the Superior Court denied the motion. This appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the warrant affidavit established probable cause to search the apartment	State: CI tip identifying sellers and location provided probable cause when corroborated by ID of residents and photo ID	McKinney: Affidavit lacked proof the CI was reliable on criminal activity and lacked independent corroboration of illegal conduct	Court: Reversed — affidavit failed to establish probable cause because it only corroborated identity, not the CI’s knowledge of concealed criminal activity

LeGrande v. State, 947 A.2d 1103 (Del. 2008) (tip must be reliable in its assertion of illegality, not merely identify a person)
Illinois v. Gates, 462 U.S. 213 (1983) (totality-of-the-circumstances test for probable cause)
U.S. v. Valentine, 232 F.3d 350 (3d Cir. 2000) (face-to-face tips are more reliable than anonymous calls)
Bailey v. State, 440 A.2d 997 (Del. 1982) (citizen informant may not require prior proof of reliability)