American Samoa Government v. Maletino
American Samoa Government v. Maletino
Opinion of the Court
ORDER DENYING MOTION TO SUPPRESS EVIDENCE BASED ON FOUR-CORNER INSUFFICIENCY OF SEARCH WARRANT AFFIDAVIT
Background
On October 25,2004, based on what they had learned from a confidential informant, police obtained and then executed a search warrant pertaining
Analysis
I. Informant’s Testimony
In Illinois v. Gates, 462 U.S. 213 (1983), the United States Supreme Court established a “totality of the circumstances” test to determine whether information provided by a confidential informant is trustworthy enough to establish probable cause in a search warrant.
A. Confidential Informant’s Veracity
Here, the issue is whether the warrant adequately establishes the confidential informant’s reliability as a witness. The focus of this inquiry is on the informant’s past performance as a supplier of information. Many courts have held that evidence in the warrant that an informant’s tips have in the past lead to convictions is sufficient, but not necessary to establish his veracity. See Colorado v. Arnold, 527 P.2d 806, 809 (Colo. 1975) (“To impose the more stringent requirement that information led to convictions would impose an undue restriction on law enforcement
In the present controversy, in support of the informant’s veracity, the warrant provided that the source had “provided information in the past that led to several arrests and prosecutions of marijuana activities.” This statement is sufficient to establish the veracity of the informant. When an informant has a track record of reliability, and such a track record is referenced on the face of the warrant, generally, the informant’s veracity is established. Here, the police officers provided adequate detail for the magistrate to determine that informant has a reliable track record and therefore we hold that confidential informant’s reliability has been established.
B. Confidential Informant’s Basis of Knowledge
Here, the issue is whether the face of the warrant provided adequate detail for the magistrate to determine that the informant based his conclusions on actual facts. Stanley v. Maryland, 313 A.2d 847, 858 (Md. Ct. Spec. App. 1974) (finding that the informant must “furnish the raw data of his senses, so that the reviewing judge could draw his own conclusion from the data”). In the present controversy, Defendant claims that the magistrate should not have relied on the informant’s conclusions because the informant did not provide a sufficient description of Defendant’s residence. We disagree.
We find that the informant has provided the magistrate with enough specific facts to conclude that probable cause was present to search the house. The informant’s general conclusion is that Maletino grows and sells marijuana at his residence. This conclusion is based on several facts. First, the informant stated that he personally knows Maletino, has been to Maletino’s house and that marijuana plants were growing inside banana patches behind the house. Although this detailed information is not definitive proof that the informant has been on the property and personally observed the plants, such information is specific enough to allow a magistrate to conclude he had. Second, during the controlled buy, the informant was sent to Maletino’s house with money and he returned with marijuana he claimed was purchased from Maletino.
In sum, the informant has given specific information about the location of hidden marijuana plants at the Defendant’s residence and has stated that he personally purchased marijuana from the Defendant, at his residence. Put together, these facts are sufficient to form a basis for the informant’s conclusion that Maletino was growing and selling marijuana at his home.
Thus, in conclusion, we hold that under the totality of the circumstances the informant’s information is adequately trustworthy to provide probable cause for the search of Maletino’s house.
II. Franks Hearing
Defendant asserts that he is entitled to a Franks
The Supreme Court has concluded that a defendant can challenge a facially valid warrant by showing that: (1) the affidavit contains information “that the affiant knew was false or would have known was false but for his reckless disregard for the truth,” United States v. Stanert, 762 F.2d 775, 780 (9th Cir. 1985); and (2) that, absent the false information, the affidavit would not support a showing of probable cause to issue the warrant. United States v. Leon, 468 U.S. 897, 923 (1984). Once the defendant makes this substantial preliminary showing, the court must hold an evidentiary hearing at the defendant’s request. Franks, 438
However, the requirement of a substantial preliminary showing “is not lightly met.” United States v. Wajda, 810 F.2d 754, 759 (8th Cir. 1987). A mere allegation standing alone, without an offer of proof in the form of a sworn affidavit of a witness or some other reliable corroboration, is insufficient to make the difficult preliminary showing. Franks, 438 U.S. at 171. While Maletino identified what he said were specific falsehoods in the affidavit, he offered no proof that his version of the facts is the correct one. Furthermore, he offered no proof that the alleged falsehoods were deliberate or reckless. “When no proof is offered that an affiant deliberately lied or recklessly disregarded the truth, a Franks hearing is not required.” United States v. Moore, 129 F.3d 989, 992 (8th Cir. 1997). Therefore, we deny Maletino’s motion in request of a Franks hearing.
Order
1. Defendant’s motion to suppress is denied.
2. Defendant’s motion for a Franks hearing is denied.
It is so ordered.
In inquiring into whether a warrant is based on probable cause, a reviewing court “may only address whether the evidence viewed as a whole provided a substantial basis” for the magistrate’s finding of probable cause as opposed to an after the fact de novo assessment of probable cause. Am. Samoa Gov’t v. Samana, 8 A.S.R.2d 1, 7 (Trial Div. 1988) (citing Massachusetts v. Upton, 466 U.S. 727, 733 (1984).
See Franks v. Delaware, 438 U.S. 154 (1978).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.