State v. Boutilier, 12 A.3d 44

Milligan applied for a search warrant Sept. 18, 2008, supported by an affidavit relying on a confidential informant and a Bethel officer who owns property in Albany.
Informant claimed Boutilier grew and sold marijuana, owned a .22 rifle, and hid marijuana in various places on Boutilier's property; corroborated aspects by patterns from Boutilier's prior arrest and conduct.
Bethel officer learned from a named cousin about Boutilier and another man carrying a large marijuana plant and Boutilier allegedly threatening the cousin.
Milligan confirmed the dark GMC pickup registered to Boutilier and that nearly four hundred marijuana plants were on Boutilier's property; he observed vehicle skid marks and a fly-over showed plants outside the trailer.
A search warrant was issued and executed on Sept. 19, 2008; Boutilier was indicted Oct. 16, 2008 for unlawful trafficking in scheduled drugs and marijuana cultivation.
Boutilier moved to identify the confidential informant (denied July 2009) and to suppress evidence with a Franks hearing (denied Jan. 2010).
On May 20, 2010 Boutilier pleaded nolo contendere to the trafficking charge under a conditional plea; the cultivation charge was dismissed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the confidential informant's identity must be disclosed.	Boutilier argues disclosure is required to assess credibility.	State contends disclosure not warranted absent showing of relevance more than bare speculation.	Court denied disclosure; informant's identity not warranted.
Whether a Franks hearing was required to challenge the warrant affidavit.	Boutilier contends Milligan acted with reckless disregard and a Franks hearing is needed.	State argues Milligan pursued corroboration and there was no substantial showing of false statements.	Franks hearing not warranted; statements insufficient to show reckless disregard or necessity.

State v. Chase, 439 A.2d 526 (Me. 1982) (informant-disclosure balancing test for Franks-related issues)
State v. Chase, 505 A.2d 791 (Me. 1986) (informant identity disclosures when informant lacks trial relevance)
State v. Faust, 1997 ME 135, 696 A.2d 1088 (Me. 1997) (abuse-of-discretion standard for informant disclosure)
Franks v. Delaware, 438 U.S. 154 (U.S. 1978) (standard for when a Franks hearing is required)
Dickinson v. Maine, 2005 ME 100, 881 A.2d 651 (Me. 2005) (Franks framework application in Maine)
State v. McInnis, 2010 ME 13, 988 A.2d 994 (Me. 2010) (Franks-related review standards)
State v. Bilynsky, 2007 ME 107, 932 A.2d 1169 (Me. 2007) (review standards for suppression and warrant challenges)