27 Conn. App. 291 | Conn. App. Ct. | 1992
The state requests that we reconsider
We have recently explained that our scope of review, in determining whether a substantial factual basis was demonstrated for the issuing authority to find probable cause to issue a warrant, is limited to the facts that appear within the four corners of the affidavit or facts that may properly be inferred from those facts. State v. Anziano, 26 Conn. App. 667, 669-72, 603 A.2d 415 (1992). We also have given retroactive effect to State v. Barton, supra, in State v. Payne, 25 Conn. App. 428, 431, 594 A.2d 1035, cert. denied, 220 Conn. 915, 597 A.2d 337 (1991). Barton applied the “totality of the circumstances” test of Illinois v. Gates, supra, and explained that analysis as follows:
The defendant originally raised two issues on appeal,
(1) whether the trial court improperly denied his motion to suppress evidence seized from his person, and
(2) whether the trial court improperly denied his motion for judgment of acquittal because of insufficient evidence.
The affidavit supporting the application for the search warrant contained the following information. A named police officer from Trumbull notified the Monroe police that the defendant was a heavy seller of cocaine and other illegal drugs. The police had also received a telephone call from a resident of Swendsen Drive reporting that he had seen what he believed to be drug activity at 154 Swendsen Drive, that he had seen many vehicles drive up to the house, and that a bearded man came
On September 23, 1986, another police officer told one of the affiants that another informant had told him that he was aware of a man named Mike on Swendsen Drive who was selling cocaine to young people who drove up to the front of the house and that transactions took place right in the street. The following day a resident of the same neighborhood as 154 Swendsen Drive telephoned one of the affiants to express concern about what he felt was frightening activity going on in front of that address.
Although the confidential informant was not specifically shown to be reliable or trustworthy, the information derived from all sources and corroborated by the police surveillance reasonably allowed the issuing authority to conclude that the information supplied by the informants presented a substantial factual basis on which to find that probable cause existed.
Thus, after considering the totality of the circumstances as described in the affidavit, we conclude that it presented sufficient objective indicia of reliability to justify the issuance of the warrant. Therefore, the trial court properly denied the defendant’s motion to suppress. The evidence was properly admitted and with it, the evidence was sufficient to sustain the conviction.
The judgment is affirmed.
In this opinion the other judges concurred.
The state filed a “Motion for Reargument” pursuant to Practice Book §§ 4121, 4122 and 4123, which we accept as a motion for reconsideration, and hereby grant.
For a complete review of this matter see: State v. Marsala, 15 Conn. App. 519, 545 A.2d 1151, cert. denied, 209 Conn. 816, 550 A.2d 1087 (1988); State v. Marsala, 19 Conn. App. 478, 563 A.2d 730 (1989); State v. Marsala, 216 Conn. 150, 579 A.2d 58 (1990); and State v. Marsala, 26 Conn. App. 423, 601 A.2d 542 (1991).
We concluded that there was no merit to the defendant’s insufficiency claim, if the evidence seized pursuant to the search warrant was properly admissible. State v. Marsala, 15 Conn. App. 519, 526-28, 545 A.2d 1151, cert. denied, 209 Conn. 816, 550 A.2d 1087 (1988).
The two-pronged test required that a search warrant affidavit based on an informant’s tip contain some of the underlying circumstances demonstrating his reliability or his veracity, along with his basis for knowledge. Aguilar v. Texas, 378 U.S. 108, 84 S. Ct. 1509, 12 L. Ed. 2d 723 (1964); Spinelli v. United States, 393 U.S. 410, 89 S. Ct. 584, 21 L. Ed. 2d 637(1969).
The Supreme Court in State v. Marsala, 216 Conn. 150, 579 A.2d 58 (1990), after granting a petition for certification to review our decision in State v. Marsala, 19 Conn. App. 478, 563 A.2d 730 (1989), determined that under Connecticut constitutional law, there was no good faith exception to the exclusionary rule.