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TN: Informant hearsay failed Aguilar/Spinelli because of lack of corroboration

By John Wesley Hall, Jr.

Uncorroborated details left affidavit based on informant hearsay wanting, and probable cause was lacking. State v. Whittington, 2008 Tenn. Crim. App. LEXIS 320 (April 29, 2008)*: In the instant case, the informant was a member of the criminal milieu. Therefore, in order for the information to be credible, the factors of Aguilar-Spinelli must be satisfied. The "basis of knowledge" prong is satisfied by the informant's representation that he was present at 56 Mount Pinson Road and saw large bags of marijuana at the residence. This information is listed in the search warrant affidavit; however, there is no information as to the credibility of the informant contained in the search warrant. . . . Identification of the presence of the three vehicles located at a house where three people reside is a "non-suspect" event...continue to full post

Full post as published by Fourth Amendment on May 02, 2008 (boomark / email).