State v. JonesState v. Jones
The State charged the defendant, Jack R. Jones, with possession of marijuanа with the intent to distribute, a violation of
On March 4, 1978, Lieutenant Scotty Henderson and Sergeant Ricky Spier executed an affidavit for a search warrant.
The trial judge granted the defendant’s motion to suppress on the basis that the affidavit failed to state sufficient facts to establish the reliability of the confidential informant. In State v. Paciera, La.,
The defendant contends that the affidavit is insufficient to establish the reliability of the confidential informant. We find that the affidavit stаtes sufficient circumstances and details to establish the reliability of the informant.
Recitations in an affidavit that the informant has previously given information leading to arrests adequately supports the informant’s reliability. State v. Anderson, La.,
The present affidаvit recites that the informant, designated by number, has given information in the past cоncerning narcotics traffic, which, after investigation, proved to b3. true. On sevеral occasions, he has given information leading to narcotics arrests and seizure of drugs. Under the cited decisions, these facts are sufficient to suрport the reliability of the informant. Hence, the trial judge erred in granting the motion to suppress.
For the reasons assigned, the ruling of the trial judge is reversed, the motion to suppress is overruled, and the case is remanded to the trial court for further proceedings consistent with the views herein expressed.
Notes
. The affidаvit in application for the search warrant reads:
“BEFORE ME, the undersigned authority, personally appeared: Lt. Scotty Henderson and Sgt. Rickey Speir, Bossiеr City Police Department who, being first duly sworn, deposed and said:
“That they have gоod reason to believe that located in the premises described аs follows:
“1617 Cline Street, Bossier City, Bossier Parish, Louisiana there is now located the following property which is evidence of the commission of an offense against the laws of the State of Louisiana: Marijuana.
“That affiant(s) believe said property to be so located because: On or about March 3, 1978 the affiants were contacted by CI78H111 who stated to them that there is a white male named Jack Jones, who resides at 1617 Cline Street, Bossier City, Bossier Parish, Louisiana who is a dealer of marijuana.
“CI78H111 further stated to affiants that he has been legally and lawfully within this residence within the past 48 hours and while inside did in fact observe a large quantity of marijuana. CI78H111 stated to affiants that Jack Jones stated to him that he was selling the marijuana for $15. an ounce or $125 a pound.
“This confidential informant, CI78H111 has been proven reliable to affiants in the past in that he has given thеm valuable information concerning narcotics traffic that añer having bеen investigated always proved to be true and accurate. On several occasions C178H111 has given us information that has led to narcotic arrests and the seizure of quantities of drugs.
“Based upon the above given information, the affiants believe that they have good reason*1360 able and probable сause to believe that now located within the residence at 1617 Cline Street, Bossier City, Bossier Parish, Louisiana there is a quantity of marijuana and request that a search warrant be issued for this address and its curtilage.” [Emphasis supplied.]