128 Conn. App. 198
Conn. App. Ct.2011Background
- Police applied for a search warrant based on a notebook found at the defendant's residence near the computer, with web addresses appearing to relate to child pornography; the notebook corroborated by the affiant's observations and Vanessa Olivero's sworn statement.
- A hard drive was allegedly hidden behind a bedroom mirror; a later review found additional devices and storage media during the November 30, 2007, search.
- The search yielded a Gateway laptop, five hard drives, cameras, disks, and tapes; the defendant was charged with possession of child pornography in the first degree.
- The motion to suppress the evidence was denied on September 21, 2009, and the defendant entered a conditional plea of nolo contendere under § 54-94a.
- The appellate court reviews the suppression denial de novo for legal conclusions, with findings of fact reviewed for clear error; the issue is whether probable cause supported the warrant.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the warrant lacked probable cause | State contends affidavit had sufficient facts | DiMeco argues affidavit was conclusory and insufficient | Probable cause established; warrant valid |
Key Cases Cited
- State v. Lasaga, 269 Conn. 454 (2004) (probable cause standards; defer to magistrate's conclusions when warranted)
- State v. Barton, 219 Conn. 529 (1991) (totality of the circumstances test for probable cause)
- State v. Rodriguez, 223 Conn. 127 (1992) (corroboration and reliability considerations for informants)
- State v. Glenn, 251 Conn. 567 (1999) (probable cause may rely on hearsay and informant information)