SpyWizard said:
and then the district attorney charged her, and he filed a civil suit against her correct?? no??
go figure..
IN THE COURT OF APPEALS OF THE STATE OF xxxxx
STATE OF xxxxxxxxxx, No. xxxxx-III
)
Respondent, )
) Division Three
v. )
)
xxxxxxxxx, ) xxxxxx
)
Appellant. )
)
xxxxx. - Following a stipulated facts bench trial, xxxxxx was convicted of manufacturing a controlled substance, methamphetamine. On appeal, xxxxxx contends (1) the search warrant lacked necessary corroborating facts to satisfy the basis of knowledge requirement for a confidential informant, and (2) no nexus is shown between the suspected crime and the place searched. We disagree and affirm.
FACTS
On March 13,2003,
a warrant was issued to search xxxxxx residence at 5119 N. Oakland in xxxxxxxx. xxxxxxx
County Sheriff's Detective xxxxx prepared the supporting affidavit. As noted below, the affiant averred a reliable
No. xxxxxxx
State v. xxxx
confidential informant (C.I.) reported xxxx's methamphetamine manufacturing activity at his residence. However,
the affidavit was unclear as to the CI's basis of knowledge. Thus, the facts focus on whether the other affidavit contents supply corroborating facts to satisfy the necessary basis of knowledge requirements.
The issue is whether, considering C.I. reliability is unchallenged, the trial court
erred in concluding the affidavit facts sufficiently corroborated the C.I.'s basis of
knowledge and supplied probable cause for search warrant issuance.
A search warrant affidavit must raise reasonable inferences that the defendant is
involved in criminal activity and that evidence of that activity will be found in the place
to be searched. State v. Cole, 128 Wn.2d 262, 287-88, 906 P.2d 925 (1995).
"Issuance of
a search warrant is a matter of judicial discretion and is reviewed only for
abuse of that discretion." State v. Dobyns, 55 Wn. App. 609, 620, 779 P.2d 746 (1989)
(citing State v. Smith, 93 Wn.2d 329, 610 P.2d 869 (1980)). "
The affidavit must be
accepted on its face and any doubts should be resolved in favor of the warrant." Id.
(citing State v. Fisher, 96 Wn.2d 962, 639 P.2d 743 (1982)).
Generally, when the probable cause affidavit is based on an informant's
hearsay, it must show informant reliability and the basis of the informant's knowledge. Aguilar-Spinelli.1 The Aguilar-Spinelli test is two-pronged, (1) credibility/reliability and (2) basis of knowledge. The credibility prong may be satisfied by an informant's track record, if any, or by showing the informant was acting against his penal interest. State v. Jackson, 102 Wn.2d 432, 437, 688 P.2d 136 (1984).
The basis of knowledge prong may be satisfied if the informant has personally witnessed the facts asserted.
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