Getz v. State

706 So. 2d 1319, 1997 Ala. Crim. App. LEXIS 324, 1997 WL 639244
CourtCourt of Criminal Appeals of Alabama
DecidedOctober 17, 1997
DocketCR-96-1175
StatusPublished
Cited by1 cases

This text of 706 So. 2d 1319 (Getz v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Getz v. State, 706 So. 2d 1319, 1997 Ala. Crim. App. LEXIS 324, 1997 WL 639244 (Ala. Ct. App. 1997).

Opinion

BASCHAB, Judge.

The appellant, Charles Wayne Getz, was convicted for trafficking in amphetamines, a violation of § 13A-12-231(10), Code of Alabama 1975; possession of methamphetamine, a violation of § 13A-12-212, Code of Alabama 1975; and possession of precursor chemicals, a violation of § 20-2-190, Code of Alabama 1975, as charged in the indictment. The trial court sentenced the appellant to three concurrent 15-year terms of imprisonment and ordered him to pay a $50,000 fine. He raises six issues on appeal; this court will address two of those issues.

On June 22, 1996, a confidential informant approached Ronnie Dollar, an investigator with the Bullock County District Attorney’s Office, and provided information about illegal drug activities being conducted by the appellant. The informant told Investigator Dollar that he had personally seen methamphetamine at the appellant’s residence and had seen “methamphetamine cooking paraphernalia” on the premises as well.

In support of this information, the informant provided Investigator Dollar with three photographs evidencing the appellant’s illegal drug activity. The photographs showed a pickup truck belonging to the appellant with jugs and trash in the back of the truck. Investigator Dollar testified some of the jugs “had pipes that ran out [of] the top that appeared to ... be some type of cooking device.” The informant said that one jug in particular contained a liquid that was a mixture containing amphetamines. In addition, a residue film was visible at the bottom of those jugs in the photographs that did not contain the liquid. Investigator Dollar testified that he never received any information from the informant in the past, and that he did not have any other indication that the informant was reliable.

In order to verify the information, Investigator Dollar rode with the informant to the location of the pickup truck and the appellant’s residence. The informant was able to lead Investigator Dollar to the exact location of the appellant’s property and residence. Investigator Dollar testified that upon their arrival, he could see a pickup truck while standing on the edge of the road bordering the appellant’s property. He further testified that the truck he observed from the road had jugs in the back of the truck bed and looked very similar to the truck depicted in the pictures provided by the informant.

On June, 22, 1996, Investigator Dollar applied for a search warrant to search the appellant’s house, property, and the vehicle located on the property based upon the informant’s information, the pictures, and Investí-[1321]*1321gator Dollar’s personal observations. The affidavit stated that “[w]ithin the past 48 hours methamphetamines were observed at the residence of [the appellant] in Bullock County.” In addition, the affidavit stated that “[wjithin the past 24 hours methamphetamine cooking paraphernalia was observed on the [appellant’s] premises.” While the search affidavit did not state who had made these observations, Investigator Dollar testified at the initial suppression hearing that these two statements were made on the basis of the informant’s allegations. Finally, the affidavit contained a specific description of the location of the appellant’s residence and property. While drafting the affidavit, • Investigator Dollar showed the issuing judge the informant’s pictures.

The search warrant was executed by Investigator Dollar and other police officers on that same day. The officers discovered quantities of both amphetamines and meth-amphetamines, as well as jugs used to manufacture drugs matching the description given by the informant. The appellant was not present on the property when the search was conducted. In addition, at trial the appellant maintained the defense that he had not lived on the premises for some time.

At the suppression hearing, the appellant moved to suppress all of the evidence seized pursuant to' the execution of the search warrant. The trial court denied the motion. The appellant renewed the motion the following day at a pretrial hearing, claiming that “new evidence” required the trial court to reconsider its prior ruling. After hearing this “new evidence,” the trial court denied this motion as well.

At trial, the State offered into evidence the entire contents of both the search warrant and Investigator Dollar’s affidavit in support of the warrant. The trial court admitted both documents into evidence over the appellant’s hearsay objection.

I.

The appellant first argues that the trial court erred by denying his motions to suppress the evidence seized during the execution of the. search warrant. Specifically, the appellant argues that Investigator Dollar’s affidavit did not provide sufficient probable cause necessary for the issuance of the search warrant. This argument is without merit.

This court has previously held:

“ ‘In [Illinois v.] Gates [462 U.S. 213, 103 S.Ct. 2817, 76 L.Ed.2d 627 (1983)], the United States Supreme Court established the “totality of the circumstances” test for evaluating whether probable cause could be adduced based on information provided by a confidential informant. In analyzing the informant’s tip, the courts not only look at the veracity, the reliability, and the basis of the informant’s knowledge, but also recognize “the value of corroboration of details of an informant’s tip by independent police work.” Gates, 462 U.S. at 241, 103 S.Ct. at 2334; Benoist v. State, 539 So.2d 1110 (Ala.Cr.App.1988). “[A] deficiency in one may be compensated for ... by a strong showing as to the other....” Gates, 462 U.S. at 233, 103 S.Ct. at 2329.’ ”

Usery v. State, 668 So.2d 919, 920, (Ala.Cr.App.1995), quoting Kirk v. State, 612 So.2d 1252, 1254 (Ala.Cr.App.), writ quashed, 612 So.2d 1255 (Ala.1993). In addition, “[t]he fact that a confidential informant, has not supplied information numerous times does not mean that the informant is not reliable.” Usery, 668 So.2d at 921, citing Kirk, 612 So.2d at 1254. “Common sense dictates that a confidential informant ‘must be a first time informer before [the informant] can inform a second time.’ ” Id., citing Kirk, 612 So.2d at 1254.

After applying the “totality of the circumstances” test set out in Gates, we find that probable cause existed to justify the issuance of the search warrant. Although there was no previous indication as to the informant’s veracity or reliability, these two attributes were nonetheless established through independent police corroboration. See Usery, 668 So.2d at 920. Investigator Dollar independently verified that the appellant lived at the address indicated by the informant. In addition, Investigator Dollar personally observed the same pickup truck at the appellant’s residence as depicted in the photographs provided by the informant. [1322]*1322This verification, coupled with the fact the informant had seen drugs and drug paraphernalia at the appellant’s residence within at least 48 hours of the issuance of the warrant, established probable cause necessary for the issuance of the search warrant. Id., citing Hutchins v. State, 560 So.2d 1113, 1115-16 (Ala.Cr.App.1989).

The appellant alleges in his brief that Investigator Dollar made factual “misrepresentations” in his affidavit in support of the application for the search warrant.

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Related

King v. State
736 So. 2d 1122 (Court of Criminal Appeals of Alabama, 1997)

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Bluebook (online)
706 So. 2d 1319, 1997 Ala. Crim. App. LEXIS 324, 1997 WL 639244, Counsel Stack Legal Research, https://law.counselstack.com/opinion/getz-v-state-alacrimapp-1997.