The Defective Warrant

In August 1981, an informant of unproven reliability told Burbank, California police that two people were selling cocaine and methaqualone from a residence, describing a sale witnessed months earlier. Surveillance led officers to a man with a prior drug arrest who visited briefly and left with a small package; his probation file and a second informant's tip pointed to another suspect with a prior narcotics charge. An officer prepared an affidavit describing the tips and surveillance, and a state court judge issued a warrant for several residences and vehicles. Executing it, officers found large quantities of drugs at two addresses and a smaller amount at a third. The defendants were charged with federal drug offenses and moved to keep the evidence out of trial, arguing the affidavit failed to show probable cause. A federal district court later agreed it fell short, citing the informant's unestablished reliability and stale information. The dispute became whether evidence gathered under a warrant later found legally deficient should still be usable at trial.