A confidential informant’s credibility can be corroborated with a controlled buy

          An affidavit for a state search warrant for the residence of Rafael Moore was supported by background information obtained from a confidential informant. The affidavit also described a controlled buy between the informant and Mr. Moore. A search of the residence revealed firearms, drugs and material used to facilitate drug trafficking.

          Mr. Moore argued in district court that the search warrant affidavit failed to show the informant’s reliability. After his suppression motions and request for an evidentiary hearing were denied, he entered a conditional guilty plea (Fed.R.Crim.Proc. 11(a)(2)) to drug and firearm charges and reserved the right to appeal the suppression ruling. See United States v. Moore, --- F.3d --- (6th Cir. 2021).

          On appeal, Mr. Moore argued that the search warrant affidavit failed to adequately show the informant’s reliability and that “the informant’s tip was insufficiently detailed.” Slip Op. at 5. The Sixth Circuit, however, affirmed the district court’s ruling. The court noted the frequency with which information from confidential informants is used to support search warrants and that such information is often based on hearsay statements. The court explained that “an affidavit that both details an informant’s tip and describes a controlled drug purchase with the informant provides sufficient corroborating information to uphold a finding of probable cause.” Slip. Op. at 4.

          The Sixth Circuit said a search warrant affidavit does not have to include express attestations regarding an informant’s reliability “if it sufficiently details a controlled buy that supports the  informant’s  credibility.” Slip Op. at 5. Moreover, “a search is permissible based on an informant’s bare assertions if law enforcement can independently corroborate the informant’s credibility.” Id. In the court’s view, a single controlled buy “can be sufficient to establish probable cause to believe that evidence of drug trafficking is present at the purchase location.” Slip Op. at 4. The most critical factor in Mr. Moore’s case was that “the affidavit detailed a controlled buy at [his] residence between the informant and [him].” Slip Op. at 5.

          As a final note, the court pointed out that in order to obtain an evidentiary hearing on a suppression motion it is not enough to merely allege that the facts in an affidavit are insufficient to establish probable cause. Rather, the defendant “must set forth sufficiently definite, specific, detailed, and non-conjectural” reasons for why contested factual issues cast doubt on a search’s validity.” Slip Op. at 7 (citation and internal quotation marks omitted).  

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