State v. McCloskey

Citations: 451 N.W.2d 225; 1990 WL 7665Docket: C8-89-811

Court: Court of Appeals of Minnesota; March 16, 1990; Minnesota; State Appellate Court

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The Minnesota Court of Appeals reviewed the case of State v. Jeffrey A. McCloskey, where the appellant challenged the validity of a search warrant that led to his conviction on multiple drug-related charges. The search warrant was executed on April 1, 1988, based on an affidavit from Isanti County Sheriff William Schultz, who utilized information from a confidential reliable informant (CRI). The informant alleged that McCloskey was selling controlled substances to juveniles and claimed to have purchased marijuana from him, as well as observed a substance McCloskey referred to as cocaine. The informant remained anonymous due to fear of retribution and provided no identifiable information.

Schultz's affidavit included details from the informant, such as a description of McCloskey's residence and personal possessions, including firearms and a large iguana. The sheriff confirmed the existence of a detached garage and verified McCloskey's ownership of the property through public records. The affidavit also detailed McCloskey's criminal history, which included multiple traffic violations and arrests. The sheriff justified the informant's credibility by noting the self-incriminating nature of the information provided and the corroboration of certain details. McCloskey's motion to suppress the evidence obtained from the search was denied, and he sought to overturn his conviction citing a lack of probable cause for the warrant.

The sheriff determined that the anonymous informant's concerns about drug sales to juveniles justified the information provided. Following the execution of a search warrant, authorities seized drug paraphernalia, approximately 5.5 grams of methamphetamine, and 25 grams of marijuana, but found no guns or cocaine. A key legal issue is whether the evidence obtained should be suppressed due to a lack of probable cause in the supporting affidavit. 

Under U.S. and Minnesota constitutional protections against unreasonable searches, a search warrant requires probable cause supported by an affidavit, as outlined in Minn.Stat. 626.08. Probable cause is evaluated based on the "totality of the circumstances," requiring the issuing magistrate to make a practical determination of whether there is a fair probability that evidence of a crime exists at the location specified. While magistrates’ determinations of probable cause are afforded significant deference, this deference has limits; a reviewing court may find a warrant invalid if the magistrate's assessment lacks a proper analysis of the circumstances.

In this case, the affidavit was deemed insufficient to establish probable cause. It referred to the informant as a "CRI," suggesting that the police had prior knowledge of the informant's reliability, yet there was no evidence of the informant's past accuracy. Additionally, the informant's credibility could not be assumed since they were anonymous and had previously purchased marijuana. The informant’s refusal to identify themselves further diminished the reliability of the information provided.

The affidavit must provide specific information to enable the magistrate to assess an informant's credibility; mere assertions of credibility are insufficient. In the case referenced, the court noted that the anonymous informant lacked sufficient corroboration, particularly since the details provided were publicly accessible and did not distinctly link the informant's claims to the appellant's activities. The informant's description of cocaine found in the area was deemed too vague, as it could be known from personal experience rather than direct observation. Prior traffic convictions of the appellant were not relevant to the alleged drug activity and thus did not support the informant's claims. The court emphasized that for a statement to be against penal interest, the informant's identity must be known, which was not the case here. Therefore, the corroboration did not establish probable cause for the search warrant. The ruling was to suppress the evidence seized based on the warrant. A dissenting opinion argued for upholding the search warrant based on previous case law.

In Illinois v. Gates, the Supreme Court established that probable cause should be assessed using a "totality of the circumstances" approach. This requires a magistrate to make a practical decision based on the entire affidavit, taking into account the reliability and knowledge of informants. The Court emphasized that reviewing courts must defer to the magistrate's judgment and should not conduct a de novo review. The Fourth Amendment mandates that the magistrate must have a substantial basis for believing that evidence of wrongdoing will be found.

When evaluating the sufficiency of an affidavit, courts should avoid analyzing each component in isolation, as collective components may show coherence that strengthens the overall credibility of the informant's tip. The resolution of borderline cases should favor warrant issuance.

In the specific case cited, the sheriff's affidavit included information from a confidential reliable informant (CRI) who claimed to have seen cocaine at the McCloskey residence. The CRI described the substance accurately and mentioned prior drug sales to juveniles by McCloskey. Despite concerns for safety, the CRI offered further assistance and provided the sheriff with McCloskey's contact information and details about the residence, including its detached garage.

Sheriff Schultz investigated Jeffrey McCloskey, confirming his residence in Isanti and a listed phone number. Records showed that McCloskey and his spouse owned a house matching a description provided by a confidential reliable informant (CRI), who also reported that McCloskey possessed firearms, carried a knife, and owned a large iguana. Investigations revealed McCloskey's criminal history, including past arrests and traffic violations. The sheriff deemed the CRI's information credible due to its self-verifying detail and the informant's concern about drug distribution to juveniles. The magistrate had a substantial basis for issuing a search warrant based on the CRI's coherent tips. The court noted that the informant's designation as "CRI" did not undermine the warrant's validity, as the information proved accurate. The opinion suggested that the good faith exception to the exclusionary rule, as articulated in United States v. Leon, should apply since the sheriff relied on a warrant from a neutral magistrate. The dissent argued that the majority improperly evaluated warrant components in isolation and advocated for upholding the search warrant based on the totality of circumstances and good faith reliance.