State v. Chaplin

• Citation: 2012 VT 6,44 A.3d 153
• Decision Date: 31 January 2012
• Docket Number: No. 10–477.,10–477.
• Parties: STATE of Vermont v. Richard C. CHAPLIN.
• Court: United States State Supreme Court of Vermont

44 A.3d 153

2012 VT 6

STATE of Vermont

v.Richard C. CHAPLIN.

No. 10–477.

Supreme Court of Vermont.

Jan. 31, 2012.

Present: REIBER, C.J., DOOLEY, JOHNSON, SKOGLUND and BURGESS, Associate Justices.

ENTRY ORDER

¶ 1. In this case, a search warrant was issued to search the home of defendant, and the search turned up incriminating evidence. In response to a motion to suppress, however, the superior court determined that the warrant was not supported by an affidavit showing probable cause to believe that defendant had committed a crime under the standards contained in V.R.Cr.P. 41(c). We agree and affirm.

¶ 2. In the early morning hours of August 10, 2009, Bob's Auto in Essex was burglarized. A number of items were stolen, including over one hundred Vermont vehicle inspection stickers, a speaker, and numerous SnapOn brand sockets and wrenches. In connection with this crime, an Essex police detective (the detective) applied for a warrant to search defendant's home.

¶ 3. The detective submitted a twelve-paragraph affidavit of probable cause in support of his application, which relied on evidence from a surveillance video, the statements of a named informant, and the statements of two confidential informants. The surveillance video came from a convenience store at the location of the burglary. According to the affidavit, the surveillance video showed “a dark colored minivan, possibly blue or green in color,” which drove past the camera at 3:13 a.m. during the morning of the burglary. The affidavit noted that the tire tracks and the terrain suggested that “the perpetrator's vehicle may have sustained minor front end damage to the undercarriage.”

¶ 4. On August 24, 2009, pursuant to a search warrant, two inspection stickers were found in the residence of an individual who subsequently became the named informant in this case. The recovered inspection stickers were identified as two of those that had been stolen from Bob's Auto. As described in the affidavit, the named informant admitted to selling inspection stickers but denied participating in the burglary. In a sworn interview, she told the detective that he should “look at the person who provided the inspection stickers to her source.” She stated that she did not know this person's name, but she offered an extensive description: an older, overweight male, who is balding with dark hair and a moustache, has children, lives with his girlfriend in an apartment behind Essex High School, drives a maroon minivan, has about five DWIs, was in court around August 17, and is the cousin of someone else identified by name. The detective asked the named informant to find out the name of the individual she described, and they exchanged telephone numbers for future contact. That evening, the detective received a voicemail from the named informant's telephone number. The caller stated that she had a tip regarding the burglary in Essex and went on to state that it was Ricki Chapman, who lives behind the high school and drives a maroon van with “Rick and Jess” on the back plate.

¶ 5. The probable cause affidavit went on to state that the named informant had told a paid confidential informant (identified as “CS 63”) that “Ricki has the stolen speaker in his car and has the tools in his house.” A second paid informant (identified as “CS 60”) conveyed to the detective that “Ricki Chaplin has a set of SnapOn tools for sale and that these tools were recently seen in his apartment.” The affidavit further conveyed that Chaplin had “indicated to the CS 60 that he had access to inspection stickers.” The affidavit stated, without elaboration, that each informant “ha[d] provided information in the past that has been corroborated by other investigative means.”

¶ 6. Finally, the detective's affidavit stated that he had confirmed that Richard Chaplin lived with his girlfriend Jessica in an apartment at 38 Thasha Lane, which runs behind the high school in Essex. The detective had checked the residence and observed “a maroon/purple Dodge Caravan bearing VT REG ETL147 parked in front of 38 Thasha Lane.” This vehicle was registered to defendant and his girlfriend. The affidavit stated, “The shape, color and size of Chaplin's van appears [sic] to match that of the van captured on video at the scene of the burglary.” The detective concluded that stolen property might be found at the residence or in the vehicle and that photographs of the vehicle's undercarriage might assist in comparing it to the vehicle in the surveillance video.

¶ 7. On the basis of this affidavit, a judicial officer issued the warrant on August 28, 2009. This warrant was executed four days later, on September 1. Following defendant's arrest on charges of burglary under 13 V.S.A. § 1201(a), the Chittenden Superior Court, Criminal Division, granted a motion to suppress the evidence gathered pursuant to the warrant, concluding that the detective's affidavit did not provide sufficient information to support a finding of probable cause. Consequently, the court dismissed the charges against defendant for lack of a prima facie case. The State of Vermont appeals from this decision.

¶ 8. A judicial officer properly issues a warrant where “there is probable cause to believe that the grounds for the application exist based upon an affidavit.” V.R.Cr.P. 41(c)(1); see also State v. Platt, 154 Vt. 179, 185, 574 A.2d 789, 793 (1990) (“The key inquiry in determining whether probable cause exists is whether the information provided in the affidavit reveals circumstances from which a person of reasonable caution would conclude that a crime has been committed and that evidence of the crime will be found in the place to be searched.”). In reviewing a motion to suppress evidence that was gathered pursuant to a search warrant, the inquiry is limited to whether the application for the warrant contained sufficient information to establish probable cause. State v. McManis, 2010 VT 63, ¶ 6, 188 Vt. 187, 5 A.3d 890 (“In evaluating whether probable cause existed at the time the court issued the warrant, we examine the information available to the court at that time ....”); see also Aguilar v. Texas, 378 U.S. 108, 109 n. 1, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964) (“It is elementary that in passing on the validity of a warrant, the reviewing court may consider only information brought to the magistrate's attention.”). Our review is therefore limited to the “four corners” of the warrant application. See McManis, 2010 VT 63, ¶ 6, 188 Vt. 187 (“ ‘When determining whether an affidavit establishes probable cause, we look only to the four corners of the affidavit; information known to the officer but not conveyed to the magistrate is irrelevant.’ ” (quoting United States v. Brooks, 594 F.3d 488, 492 (6th Cir.2010))). Thus, the essential question here is whether the information provided in the detective's affidavit established probable cause to believe that evidence of the burglary would be found at defendant's residence.¹

¶ 9. In reviewing a motion to suppress, we are deferential to the factual determinations and inferences made in the initial determination of probable cause, but we review conclusions of law without deference. State v. Bauder, 2007 VT 16, ¶ 9, 181 Vt. 392, 924 A.2d 38. Where, as here, the motion is to suppress evidence seized pursuant to a warrant, the initial finding of probable cause by a judicial officer is given “great deference.” See State v. Maguire, 146 Vt. 49, 53, 498 A.2d 1028, 1030 (1985) (quoting Illinois v. Gates, 462 U.S. 213, 236, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983)). This deference to the judgment of an issuing officer encourages the use of warrants. See State v. Ballou, 148 Vt. 427, 434, 535 A.2d 1280, 1284 (1987) (“We are cautioned against a ‘grudging or negative attitude ... toward warrants' because that attitude will encourage warrantless searches.” (quoting United States v. Ventresca, 380 U.S. 102, 108, 85 S.Ct. 741, 13 L.Ed.2d 684 (1965))). Even under this heightened deference with regard to factual determinations and inferences drawn therefrom, however, the ultimate question of whether the factual claims in an affidavit are sufficient to amount to probable cause is still a matter of law appropriate for fresh appellate review. See Spinelli v. United States, 393 U.S. 410, 419, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969). Our review is thus “to ensure that the magistrate had a substantial basis for concluding that probable cause existed.” State v. Defranceaux, 170 Vt. 561, 562, 743 A.2d 1074, 1075 (1999) (mem.).

¶ 10. The central evidence in the affidavit is that provided by the named informant to the detective. According to Vermont Rule of Criminal Procedure 41(c)(1), a judicial officer's determination that probable cause exists may be based on hearsay “in whole or in part, provided there is a substantial basis for believing the source of the hearsay to be credible and for believing that there is a factual basis for the information furnished.” This rule codifies the two-pronged test from Aguilar v. Texas, 378 U.S. at 114–15, 84 S.Ct. 1509, and Spinelli v. United States, 393 U.S. at 415–16, 89 S.Ct. 584.² See Reporter's Notes, V.R.Cr.P. 41(c). The two-pronged test ensures that a judicial officer can assess the evidence provided by knowing its basis and that there is a particular reason to view this hearsay evidence as reliable. See Ballou, 148 Vt. at 434, 535 A.2d at 1284 (“[T]he first prong requires that the affidavit transmit the factual basis for any conclusions drawn by the informant so that the judicial officer can perform an independent analysis of the facts and conclusions. The second prong requires that facts be presented to the judicial officer that show either the informant is inherently credible or that the information from the informant is reliable on this occasion.” (citations omitted)). We stress that the above requirements of Criminal Rule 41(c)(1) apply to evidence from any informant, whether or not named.

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