State v. Adolphe
| Citation | 441 S.E.2d 832,314 S.C. 89 |
| Decision Date | 08 December 1993 |
| Docket Number | No. 2140,2140 |
| Court | Court of Appeals of South Carolina |
| Parties | The STATE, Respondent, v. Antonnier ADOLPHE, Appellant. . Heard |
Assistant Appellate Defender M. Anne Pearce, of South Carolina Office of Appellate Defense, Columbia, for appellant.
Attorney General T. Travis Medlock, Chief Deputy Atty. Gen. Donald J. Zelenka, Sr. Asst. Atty. Gen. Harold M. Coombs, Jr., and Staff Atty. Rakale B. Smith, Columbia; & Sol. Randolph Murdaugh, III, Hampton, for respondent.
Defendant Antonnier Adolphe was convicted of two counts of trafficking crack cocaine. We reverse and remand for a new trial.
Adolphe argues several issues on appeal. First, he contends the trial court erred in denying his motion to suppress evidence seized pursuant to a search warrant. Second, Adolphe asserts the trial court erred in denying his new trial motion based on the judge's granting a directed verdict to the co- defendants. Finally, he argues the trial court erred in denying his severance motion and the related new trial motion.
On the evening of October 1, 1991, through the cooperation of a confidential informant, the Beaufort County Sheriff's Department organized a controlled buy. The confidential informant, Richard "Tex" Chung, was wired at the time of the buy. When Chung arrived at the trailer where the buy was to take place, he met a man named Michael Donnell. 1 Donnell accompanied Chung into the trailer and acted as an intermediary in the buy.
After the buy, Chung met with the officer supervising the controlled buy and turned over the crack. In addition, Chung gave them a detailed description of the man who sold the crack to him. Immediately after receiving the crack from Chung, Officer Young obtained a search warrant for the trailer. 2 Shortly thereafter, the police arrested several people in and around the trailer. Donnell was among those arrested.
From all accounts, the scene at the trailer was chaotic. The record reflects several people escaped from the trailer after the police entered. Donnell, however, was present and placed into custody. At that point, he offered to help police, stating that Adolphe had fled to Adolphe's "stash house." Donnell claimed he knew the location of the stash house.
At Donnell's direction, Donnell and the police proceeded to the alleged stash house. Upon arriving, the police entered with the consent of one of the occupants. Adolphe, attempting to exit through a back door, was arrested. He matched the description of the man who made the sale to Chung. Donnell also identified him as the one who had sold the crack at the trailer.
Minutes later, an officer arrived at the stash house with a search warrant. 3 Pursuant to the warrant, the police searched the house and seized the crack and other evidence introduced in Adolphe's trial.
Adolphe first argues the trial court erred in denying his motion to suppress evidence seized from the stash house. Adolphe contends the warrant was defective because it contained no sworn statement as to the reliability of the confidential informant nor was there any declaration of corroboration.
The affidavit stated:
An individual, positively identified by a confidential informant, as having sold crack cocaine to the confidential informant within the last 48 hours, and being observed by drug agents fleeing the location of the previous bust, was located at this location within minutes after fleeing previous location on the night of 1-2, October, 1991. C.I. and others describe this residence as a "stash" house where money and drugs are stored after sale from previous location is completed.
(Emphasis added).
The task of a magistrate when determining whether to issue a warrant is to make a practical, common sense decision as to whether, under the totality of the circumstances set forth in the affidavit, there is a fair probability that evidence of a crime will be found in a particular place. State v. Clifton, 302 S.C. 431, 396 S.E.2d 831 (Ct.App.1990) (citing Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)), cert. dismissed, 305 S.C. 85, 406 S.E.2d 337 (1991). This includes consideration of the veracity of the person supplying the information and the basis of his or her knowledge. Id. As a reviewing court, our task is to decide whether the magistrate had a substantial basis for concluding probable cause existed. Id.
If the affidavit standing alone is insufficient to establish probable cause it may be supplemented by sworn oral testimony before the magistrate. State v. Johnson, 302 S.C. 243, 395 S.E.2d 167 (1990). If it is unclear at trial whether the information regarding the confidential informant's reliability was furnished to the magistrate, the trial court may take testimony in an effort to supplement the facts in the affidavit of the search warrant. Id.
The trial court found the search warrant deficient on its face and conducted a hearing. The only testimony taken was from the affiant, Officer Young. 4 This testimony, however, did not cure the deficiencies in the search warrant. To the contrary, it only established that Donnell was the person that positively identified Adolphe. It remains unclear as to whether Donnell or Chung was the confidential informant referred to in the affidavit.
Nor does the testimony of Officer Young, together with the sworn affidavit, clear up the matter of the informant's reliability or whether or not his conclusions were corroborated. Assuming Chung was the confidential informant referenced in the affidavit, we find nothing in the record to suggest Chung was aware of the stash house or its location. On the other hand, if the confidential informant was Donnell, it is apparent the affiant had no knowledge of Donnell's reliability because Donnell was taken into custody only a short time before the warrant was...
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