[¶ 1] The State appeals from an order of the Superior Court (Somerset County, Alexander, J.) suppressing evidence obtained during a search of defendant’s home. The court found that the magistrate issued the warrant authorizing the search based on an affidavit that was unsupported by probablе cause. The State argues on appeal that the court misapplied the totality of the circumstances test, that a substantial basis existed in support of the magistrate’s finding of probable cause, and that the court erred in suppressing the evidence. We agree and vacate the judgment.
[¶ 2] The relevant facts may be summarized as follows: Defendant was indicted in 1997 for possession of firearm by felon (15 M.R.S.A. § 393 (1980 & Supp.1997) (Clаss C) (Count I)) and for aggravated trafficking in scheduled drugs (17-A M.R.S.A. § 1105 *836 (1983 & Supp.1997) (Class C) (Count II)). The indictment was based on evidence seized during a search of defendant’s home. The search was conducted pursuant to a search warrant issued by a justice of the peace. It was based on information in an affidavit and request for a search warrant dated March 5, 1997, executed by Lieutenant Carl Gottardi of the Somerset County Sheriffs Department. In the affidavit, Lieutenant Gottardi asserted that probable cause existed to believe that the residence in question contained evidеnce of criminal conduct, including controlled drugs and other contraband. The facts set forth in the officer’s affidavit included the following: (1) statements of a person charged with trafficking in marijuana to the effect that, until the latter part of 1996, he/she was involved in purchasing marijuana from Crowley; that Crowley would always go upstairs in his home to get the marijuana; and that his/her friend had been purchasing marijuana from Crowley on a steady basis until March 3, 1997; (2) Crowley’s prior conviction in 1990 for possession of scheduled drugs involving sales of marijuana stored upstairs in his home; (3) statements оf Deputy Randy Wing of the Somerset County Sheriffs Department that in December, 1996, he responded to a burglary at defendant’s residence; that, when he arrived, defendant’s son, and then later defendant’s wife, would not let him inside the residence; and that the wife was extremely agitated that the deputy was at the residence; (4) statements of two confidential informants, identified by Officer Gottardi as reliable, that each had friends still purchasing marijuana from defendant at his residence until February 18,1997.
[¶ 3] When the State appeals from the Superior Court’s order suppressing evidence, we “review directly the finding of the magistrate who issued the warrant that probable cause existed.”
State v. Perrigo,
[¶ 4] A court must review the affidavit “with all reasonable inferences that may be drawn to support the magistrate’s determination.”
State v. Lutz,
[¶ 5] We have stated since
Gates
that “whether past circumstances disclose a probable cause that is still continuing at the time of thе request for a search warrant is not determined merely by the passage of time, but may also depend upon the circumstances of еach case.”
State v. Friel,
[¶ 6] We have also stated that probable cause may be based on an informant’s statements. Under the totality of thе circumstances test, “an informant’s ‘veracity,’ ‘reliability,’ and ‘basis of knowledge’ are all highly relevant in determining the value of his report.”
State v. Knowlton,
those еlements should [not] be understood as entirely separate and independent requirements to be rigidly exacted in every ease_ Rather ... they should be understood simply as closely intertwined issues that may usefully illuminate the common-sense, practical question whether there is “probable cause” to believe that contraband or evidence is located in a particular place.
Id.
For example, “[a]n informant’s reliability is not to be considered ‘an element separate and apart from the general inquiry whether the affidavit as a whole еstablishes a sufficient basis’ for the warrant.”
State v. Perrigo,
[¶ 7] The same rationale applies to an informant’s basis of knowledge. Although we have stated that “conclusory statements without a recital of the underlying factual circumstances will not suffice,”
State v. Willey,
[¶ 8] Deferring to the magistrate’s historical factual findings and considering the totality of the circumstances, we cоnclude that the potentially stale first-hand information, freshened by the corroborating conclusory statements, and the furtive behavior of the wife, taken as a whole, establish the necessary substantial basis for the magistrate’s finding of probable cause. Accordingly, we vacate the Superior Court’s order granting defendant’s motion to suppress.
The entry is:
Order vacated. Remanded for entry of an order denying defendant’s motion to suppress evidence.
