Background

• Keith Sales was indicted for possession of 26+ grams of cocaine with intent to sell, possession of Alprazolam with intent to sell, and possession of a handgun as a felon following a search executed on October 24, 2008 at 4378 Bow Street.
• A confidential informant provided information forming the basis of the warrant affidavit and had previously supplied information leading to seizures/arrests for narcotics.
• Police recovered marijuana, cocaine, Xanax, scales, a handgun, and substantial cash during the search.
• Sales moved to suppress the evidence; the trial court denied the motion, and Sales pled guilty to reduced charges under a negotiated plea, reserving a certified question of law for appeal.
• The certified question challenged the suppression ruling based on the informant’s reliability under Aguilar-Spinelli/Jacumin as adopted by Tennessee law.
• The appellate court concluded the affidavit met Aguilar-Spinelli/Jacumin and affirmed the trial court’s denial of the suppression motion.

Issues

Key Cases Cited

• State v. Abernathy, 159 S.W.3d 601 (Tenn. Crim. App. 2004) (informant's prior seizures support credibility prong)
• State v. Moon, 841 S.W.2d 336 (Tenn. Crim. App. 1992) (probable cause affidavit must set forth facts, not mere conclusions)
• State v. Henning, 975 S.W.2d 290 (Tenn. 1998) (probable cause standards; affidavit must show facts showing evidence location)
• State v. Jacumin, 778 S.W.2d 430 (Tenn. 1989) (confidential informant reliability and basis of knowledge framework)
• State v. Lowe, 949 S.W.2d 302 (Tenn. Crim. App. 1996) (avoid hyper-technical application of Aguilar-Spinelli; informant credibility need not be voluminous)
• State v. Stevens, 989 S.W.2d 290 (Tenn. 1999) (non-conclusory allegations required; corroboration may compensate)
• State v. Powell, 53 S.W.3d 258 (Tenn. Crim. App. 2000) (establishes two-prong basis for informant credibility)