Based on evidence seized pursuant to a search warrant, Amanda Dearing was indicted on one charge of possession of methamphetamine with intent to distribute. She filed a motion to suppress, arguing among other things that the warrant was illegally issued because the veracity and basis of knowledge of the person characterized as a “concerned citizen” were insufficiently presented to the magistrate. The trial court denied the motion, and Dearing was subsequently tried and convicted of the crime with which she was charged. Her motion for new trial as amended was denied, and she now appeals, raising as error the trial court’s denial of her motion to suppress. The issue in this case focuses on whether the affidavit supporting the application for a search warrant established sufficient probable cause to search. The basis for the affidavit was a tip by a confidential informant. In particular, Dearing contends that this confidential informant was erroneously afforded “concerned citizen” status. We do *631 not agree, and we affirm.
The affiant in this case, a narcotics agent with the Gainesville Police Department, stated in the affidavit that he had been contacted by a concerned citizen. He stated that the concerned citizen had been at certain specified premises on or between the dates of August 23 and August 31, 1995, and had observed a quantity of white powder represented by Dearing and another suspect to be amphetamine powder. He considered the informant’s tip to be true and reliable because the informant was “a mature person gainfully employed in a full time capacity,” had no known criminal record, and “displayed an open and truthful demeanor with no apparent motivation to falsify” the information. In addition, he stated that the individual’s motivation for supplying the information arose from the individual’s life experiences, as the individual “had the opportunity to see how drug addictions can affect abusers as well as the abusers [sic] family members,” and the individual wished to help other members of the community.
In deciding whether an affidavit established probable cause necessary for issuance of a search warrant, it is well settled that we must apply the “totality of the circumstances analysis [utilized] in
Illinois v. Gates,
We conclude that the magistrate in this case was provided sufficient information from which to find probable cause to issue a warrant. The informant described in this case is similar to that described in
Davis,
supra, a case in which we reversed the trial court’s grant of defendant’s motion to suppress. According to the affiant in that case, the informant was in good standing in the community, owned his own business, and had nothing to gain by providing information about the defendant.
Davis,
supra,
Eaton v. State,
Dearing also argues that the warrant was not supported by probable cause because the information provided by the informant was not sufficiently corroborated. The affiant stated that his investigation showed to be true and correct the informant’s description of and directions to the premises where the contraband was seized. In addition, the affiant corroborated that Dearing and the other suspect lived at the premises where the contraband was seized. Finally, the affiant found to be accurate physical and vehicle descriptions provided by the informant.
Whether the affiant sufficiently corroborated the informant’s tip is questionable, as the affiant basically testified only that Dearing lived at the dwelling where the informant said she lived. See
Davis v. State,
Judgment affirmed.
On Motion for Reconsideration.
On motion for reconsideration, Dearing argues primarily that this case is controlled by this Court’s recent decision in
Pailette v. State,
Significantly, it appears that the affidavit in Pailette did not disclose information concerning the criminal record of the informant, nor did it disclose any information concerning the informant’s life experiences, as did the affidavit here, factors that could have influenced the trial court’s conclusion that the citizen was reliable and that probable cause existed to issue the warrant.
We also note that although this Court recited in
Pailette
that an officer received information from a “concerned citizen,” the affidavit itself in
Pailette
does not appear to have mentioned that the informant should have been afforded this status. This omission may explain why this Court did not examine the facts of
Pailette
in light of cases such as
State v. Davis,
