Tatman v. State

494 A.2d 1249, 1985 Del. LEXIS 479
CourtSupreme Court of Delaware
DecidedJune 3, 1985
StatusPublished
Cited by26 cases

This text of 494 A.2d 1249 (Tatman v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Tatman v. State, 494 A.2d 1249, 1985 Del. LEXIS 479 (Del. 1985).

Opinion

HERRMANN, Chief Justice:

We here consider the validity of a war-rantless search and a warrantless arrest— specifically, whether the police had sufficient probable cause to justify such actions and, if so, whether the police executed the warrantless search in accordance with Constitutional standards, as set forth by the United States Supreme Court. We find that the police had sufficient probable cause to justify both the warrantless search and the warrantless arrest. And, we find that the police executed the war-rantless search in a manner consistent with Fourth Amendment guarantees. Accordingly, we affirm.

I.

Based on his own observation, as well as upon information received from several reliable informants, police Detective James Stallings knew the defendant, Allan M. Tai-man, to be a heroin dealer. From the same sources, Detective Stallings knew that the defendant usually obtained the drugs in New York, driving them back to Wilmington late at night.

However, a new informant provided the information which led to the arrest here involved. One afternoon in August 1983, the new informant told Detective Stallings that the defendant and a “Jeffrey Bradley” were going to New York that night to purchase heroin and would be returning to Wilmington in what the informant believed to be a white Buick owned by William Caulk. The detective was personally familiar with both Caulk and his car, having seen both at the 106 E. 22nd Street residence where Caulk and the defendant lived. Detective Stallings verified the “tip” by calling two informants who had provided reliable information in the past. •

Based on this information, the Municipal Court issued a search warrant for a vehicle described as a white four-door Buick owned by William Caulk, and occupied by Jeffrey Bradley and the defendant. Detective Stallings was not able to obtain the vehicle’s registration number until later that evening, well after the warrant was issued. He relayed the license plate number to police officers who were waiting at strategic points to intercept the vehicle. Detective Stallings also learned that the make of Caulk’s car was an Oldsmobile and not a Buick.

About 10:40 p.m., Detective Stallings again talked with the primary informant. The informant said that Bradley would not be in the car; instead, a man identified only as “Tony” would be accompanying the defendant. Despite this revised report, the police did not attempt to obtain a new *1235 warrant. Due to the lateness of the hour, the police knew that they did not have enough time in which to obtain a warrant incorporating these changes.

Detective Stallings then went to the Delaware Memorial Bridge to await the car’s arrival. The police officers spotted the vehicle at about 11:20 p.m. After the ear was stopped, Detective Stallings recognized the defendant at the wheel. Two other individuals were in the car. They were identified as Tony Ross and Arthur Grimes. The vehicle was a white four-door Oldsmobile owned by William Caulk.

The police immediately ordered the three individuals out of the car and arrested them for possession of heroin. At that point, Detective Stallings saw Ross drop two glass vials. Once the detective had handcuffed Ross, he retrieved the vials finding a white powdery substance inside.

The police transported the vehicle and its occupants to a firehouse in Wilmington, where the car was searched. Detective Stallings noticed that the back seat on the passenger-side of the car was slightly askew. When the police removed the seat cushion, they uncovered a brown paper bag. Inside the bag, they found 197 glas-sine packets of heroin.

At a suppression hearing, the defendant challenged the introduction into evidence of the heroin which the police uncovered during their search of the vehicle. The Trial Court denied the motion to suppress, finding the search justified as one incident to a lawful arrest.

In a non-jury trial, the defendant was found guilty of several offenses related to trafficking in heroin. He was sentenced to a minimum mandatory sentence of ten years imprisonment and fined $150,000, $149,000 of which was suspended.

The defendant appeals.

II.

The State concedes that the search warrant was invalid. Therefore, in order to justify the warrantless search, there must have been probable cause sufficient to satisfy one of the recognized exceptions to the warrant requirement.

We find that the police had sufficient probable cause to justify a search of the vehicle under the automobile exception to the warrant requirement.

So long as the police have probable cause to believe that an automobile is carrying contraband or evidence, they may lawfully search the vehicle without a warrant. Carroll v. United States, 267 U.S. 132, 153-54, 45 S.Ct. 280, 285, 69 L.Ed. 543 (1925). See also United States v. Johns, — U.S. -, 105 S.Ct. 881, 83 L.Ed.2d 890 (1985); United States v. Ross, 456 U.S. 798, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982).

In this case, the police clearly had sufficient probable cause to believe that the car driven by the defendant was carrying contraband. Under the standard which the United States Supreme Court recently set forth in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983), an informant’s tip may form the basis of probable cause where the “totality of circumstances” would lead a magistrate to conclude that the information is reliable. Id. at 233, 103 S.Ct. at 2329. Whereas the former two-pronged test of Aguilar v. Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964), and Spinelli v. United States, 393 U.S. 410, 89 S.Ct. 584, 21 L.Ed.2d 637 (1969), required a showing of both (1) the basis for the informant’s knowledge, and (2) facts sufficient to establish either the informant’s veracity or the reliability of the information supplied, under Gates, if the informant’s tip can be corroborated, it may form the basis for probable cause even though nothing is known about the informant’s credibility. Illinois v. Gates, supra 462 U.S. at 242-243, 103 S.Ct. at 2334-2336.

In this case, though the warrant was invalid as a result of several inaccuracies therein, it did not fail for want of probable cause. As required by Gates, we accord deference to the magistrate’s determination of probable cause, and find no error in *1236 his conclusion. Illinois v. Gates, supra at 237, 103 S.Ct. at 2331.

The attendant facts and circumstances in the present case fully support the reliability of the informant’s tip. Detective Stall-ings corroborated the new informant’s tip by' consulting with other informants who had proven reliable in the past. See Illinois v. Gates, supra at 242, 103 S.Ct. 2334.

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Bluebook (online)
494 A.2d 1249, 1985 Del. LEXIS 479, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tatman-v-state-del-1985.