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:
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?
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