State v. Pierce, Unpublished Decision (9-27-2000)
State v. Pierce, Unpublished Decision (9-27-2000)
Opinion of the Court
The affidavit supporting the issuance of the search warrant in this case is little more than a "bare bones" statement. It contains information that came from a confidential informant. Yet, it contains no facts showing the informant's veracity or the basis of the informant's knowledge. See State v. Swearingan
(1999),
Further, the controlled buy involving the informant took place at a separate location, not at the residence to be searched, and no facts tied appellee's residence to the buy other than a hearsay statement by one of the drug dealers. The affidavit stated that the informant told police officers that one of the drug dealers told the informant that he had to "go to Teri's to weigh out the dope." The affidavit then stated that the "Teri" was Teri L. Pierce, who was a resident of the place to be searched, and the mother of a co-defendant in the case.
The affidavit provided no facts indicating that this hearsay statement was credible. It also contained no facts supporting the conclusory statement that the "Teri" referred to in the hearsay statement was appellee or showing how the officers reached that conclusion. While a reviewing court, in assessing the legal sufficiency of the affidavit for a search warrant, may draw reasonable, commonsense inferences, those inferences must be drawn from facts actually alleged in the affidavit. State v. Bean
(1983),
In sum, the four corners of the affidavit did not demonstrate a fair probability that contraband or evidence of a crime would be found in appellee's residence. While a reviewing court must give great deference to the magistrate's determination of probable cause, the affidavit in this case did not provide the magistrate with a substantial basis for concluding that probable cause existed. See State v. George (1989),
Additionally, the state contends that the good-faith exception to the exclusionary rule set forth in United States v. Leon
(1984),
Further, a certified copy of this Judgment Entry shall constitute the mandate, which shall be sent to the trial court under App.R. 27. Costs shall be taxed under App.R. 24.
HILDEBRANDT, P.J., DOAN and SHANNON, JJ.
RAYMOND E. SHANNON, retired, from the First Appellate District, sitting by assignment.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.