Here’s a common fact pattern: Officers find a person in possession of drugs. The officers say, in effect, “we won’t arrest you if you’ll tell us who sold you the drugs.” The person then reports having recently purchased the drugs from a particular person at that person’s home. Does this provide probable cause to support a search warrant for the supplier’s home? Yes, ruled a divided court of appeals last week on the specific facts of State v. Jackson. Facts. Two officers, working on a drug investigation, “conducted a knock-and-talk at the home of a person they had never met.” The officers told the resident that she was facing potential criminal charges for possessing marijuana. The resident “agreed to provide information regarding where she obtained the marijuana.” She told the officers that she had purchased the drugs from the person who eventually became the defendant in the case, at his residence two days earlier. She gave the defendant’s name, described him, and described his home and its location. Officers confirmed the accuracy of the defendant’s name, description, and the location of his home. They also learned that the defendant had previously been charged with possessing marijuana. Relying on this information plus the fact that they had received several citizen complaints about possible marijuana dealing at the defendant’s residence over the past year, the officers sought and obtained a search warrant for the defendant’s home. When they executed the warrant, they found marijuana and indoor growing equipment. Procedural history. The defendant was [...]
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