We are called upon to determine whether a clerk-magistrate, relying in part on information provided by an unnamed informant, was justified in finding probable cause to issue a search warrant. The Commonwealth appeals from the suppression of evidence seized during the execution of the warrant. We determine that the affidavit in support of
Sometime after September 4, 1988, Detective Donald Gos-selin communicated with a confidential informant (referred to in the affidavit as “IT”). This informant had provided information in the past which, on separate occasions, had led to the arrest of two persons for possession of cocaine and the attendant seizure of the cocaine. The persons arrested were, at the time of the warrant application, awaiting trial.
The informant told Detective Gosselin that a man named Luis Garcia (this name is an alias for the defendant) picked up the informant and a friend and drove the two to 153 Brighton Avenue in the Brighton section of Boston. The informant stated that Luis Garcia drove a grey Audi automobile. Garcia, a man in his mid-twenties, led them to apartment 9 on the second floor. The informant’s companion exchanged several hundred dollars for a plastic bag filled with white powder which Garcia had retrieved from another room.
On September 8, 1988, Gosselin applied to a clerk-magistrate in Brighton for a search warrant. Detective Gosselin supported his application with an affidavit alleging, in substance, the facts outlined above. The warrant was granted, drug related paraphernalia were seized, and the defendant was arrested. The defendant moved to suppress the evidence at trial. Based largely on our holding in
Commonwealth
v.
Rojas,
In order for a search to be valid under art. 14 of the Declaration of Rights of the Commonwealth, it must be supported by probable cause.
1
Commonwealth
v.
Upton,
394
In this case, the basis of the informant’s knowledge is established. He was present at the sale and therefore had personal knowledge based upon what he saw. The only inquiry remaining, therefore, is into the veracity of the informant.
This test may be satisfied by demonstrating that the informant has provided information in the past which has proved to be accurate.
Commonwealth
v.
Valdez,
In
Rojas
this court held that “[a] naked assertion that in the past the informant had provided information which led to a prior arrest is insufficient by itself to establish an informant’s veracity.”
Id
at 486. We said, in effect, that a clerk-magistrate was not entitled to infer from such a statement that a prior tip had proved to be accurate. In this case, however, the affidavit recited that the prior tip had led not only to arrests, but also to seizure of cocaine. This distinction is critical. Applying the well established principle that information in an affidavit supporting an application for a search warrant should be considered “in an ordinary, commonsense manner without hypertechnical analysis,”
Commonwealth
v.
Melendez,
The warrant was, therefore, supported by probable cause. The order of the Superior Court judge improperly suppressing the evidence is vacated. The case is remanded for further proceedings consistent with this opinion.
So ordered.
Notes
Article 14 states: “Every subject has a right to be secure from all unreasonable searches, and seizures, of his person, his houses, his papers, and all his possessions. All warrants, therefore, are contrary to this right, if the cause or foundation of them be not previously supported by oath or affirmation; and if the order in the warrant to a civil officer, to make search in suspected places, or to arrest one or more suspected persons, or to seize
The affidavit states in relevant part: “Your affiant has a reliable and confidential informant henceforth referred to as ‘IT’. On several occasions in the past, ‘IT’ has provided information leading to the arrest of persons for drug offenses and seizures of controlled substances. On one of these occasions, ‘IT’ provided information leading to the arrest of Rafael TEJEDA for Possession Class ‘B’ cocaine, seized was one plastic bag containing a white powder. On another occasion, ‘IT’ provided information leading to the arrest of William SANCHEZ for Possession Class ‘B’ cocaine, seized was a bag containing white powder. Because both of these arrests are very recent, they are both pending in the West Roxbury District Court.”
