Porter v. United States
7 A.3d 1021
D.C.2010Background
- Porter was convicted of possession of cocaine after a suppression hearing challenge to the evidence.
- The police relied on a tip from a known informant to identify a suspect in an open-air drug market.
- The informant had a decade-long history of accurate tips, with about 100 arrests resulting from his information and generally paid by officers.
- Officers located Porter within minutes of the tip description matching his appearance and clothing; a search revealed cocaine.
- Porter challenged the search as lacking probable cause and alleged Brady and confrontation violations, which the court denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause based on informant tip | Porter | United States | Tip adequate for probable cause |
| Brady materiality of informant records | Porter | United States | No Brady violation |
| Confrontation right impact from non-testifying informant | Porter | United States | Confrontation rights not implicated |
| Right to present a defense and disclosure of informant information | Porter | United States | No materiality to support defense-right violation |
Key Cases Cited
- Barrie v. United States, 887 A.2d 29 (D.C.2005) (defer to trial findings on Fourth Amendment facts; de novo review of law)
- Boxley, 985 A.2d 1108 (D.C.2009) (totality of circumstances for informant reliability; corroboration of innocent details)
- Gates v. Illinois, 462 U.S. 213 (U.S.1983) (totality of the circumstances standard for informant reliability)
- Turner v. United States, 588 A.2d 280 (D.C.1991) (basis of knowledge may be inferred from detail and current information)
- Hill v. United States, 627 A.2d 975 (D.C.1993) (particularized description supports probable cause)
- Joseph v. United States, 926 A.2d 1156 (D.C.2007) (hearsay may be used at suppression hearings; probable cause analysis)
- McCray v. Illinois, 386 U.S. 300 (U.S.1967) (confrontation not triggered at suppression hearing by informant's statements)
- Crawford v. Washington, 541 U.S. 36 (U.S.2004) (confrontation rights and hearsay limitations in trials)
- Davis v. Washington, 547 U.S. 813 (U.S.2006) (hearsay admissibility for purposes of confrontation at suppression)
- Teal v. United States, 974 A.2d 262 (D.C.2009) (defense-right to undisclosed evidence requires materiality)
- Goldston v. United States, 562 A.2d 96 (D.C.1989) (informant credibility and reliability considerations)