Was the warrant supported by probable cause

Reference no: EM133669231

Question: Officer Mitchell met with a confidential informant on June 16. She then prepared the following affidavit and, on June 19, presented it to a magistrate:

"I have been a member of the Police Department and a member of the County Drug Task Force for six years. I have participated in numerous narcotics investigations, including undercover purchases, controlled purchases using confidential informants, executions of search warrants, and electronic surveillance. I have interviewed numerous narcotics dealers and purchasers, informants, and other concerned citizens with general drug information, focusing on the values and appearance of controlled substances, methods of sale, packaging, hiding, secreting, and transporting controlled substances, as well as identifying persons involved in controlled substance distribution.

"On June 16, I met with a reliable confidential informant who stated that he had been inside 1110 Grove Road, York County within the past 72 hours. The informant said he observed marijuana packaged for sale, multiple marijuana plants growing, and growing accessories such as growing tools, soil, a humidifier, and a grow tent. This informant advised that Manny T., a White male, lives in the residence. The informant should be considered reliable because he has provided police with information that has led to a felony drug arrest that is currently pending in the York County Court system. This informant is familiar with what marijuana looks like and how it is packaged in York County. I ran a check through the Department of Transportation and discovered that Manny T. lists the address 1110 Grove Road as his residence. On June 16, I viewed a red Mitsubishi which is registered to Manny T. parked in the driveway of 1110 Grove Road.

"Based on the totality of the above circumstances, I know through training and experience that narcotics dealers will commonly use a location such as a dwelling to store or 'stash' larger quantities of narcotics, packaging, material, and proceeds in order to protect their products and proceeds and to evade law enforcement. I also know that narcotics dealers will commonly keep a portion of their product and weapons on their person. Therefore, I request to search all persons present for officer safety reasons and to guard against the destruction of evidence. I believe that the premises known as 1110 Grove Road is being utilized to grow, store, package, and prepare marijuana for the purpose of sales. Therefore, I ask for the issuance of a search and seizure warrant for those premises and for all persons present."

The magistrate issued the requested search warrant. On June 20, the County Drug Task Force executed the warrant, searching the residence and Manny T.'s person. Officers found marijuana plants growing in the bedroom, as well as drug paraphernalia, cash, and a digital scale. Manny T. was arrested and charged with possession of marijuana with intent to distribute. He has challenged the search.

Was there a search? Was there a valid warrant? Was the warrant supported by probable cause?

Reference no: EM133669231

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