Search and Seizure — probable cause

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Wisconsin Court of Appeals

Criminal

Search and Seizure — probable cause

Officers had probable cause even though they only knew their informant by a nickname.

“The same factors that led the supreme court to conclude that Mr. X’s statements to a confidential informant were enough to establish probable cause in Romero are also present with respect to Black. First, the police in this case were able to independently corroborate some of the information provided by Black. See id., ¶35. Black told the informant that the man whom the informant identified as Stewart would be flying from Las Vegas to Milwaukee on a flight that was scheduled to arrive shortly after 11:30 p.m. on March 10, 2009. Agent Gray verified that there was a Midwest Express flight from Las Vegas that was scheduled to arrive in Milwaukee at that time, and also confirmed that Stewart was on that particular flight. Then, around midnight, Gray actually saw Stewart in the terminal heading to the baggage claim. Second, Black made statements to the informant that were against his penal interest. See id., ¶¶36-37, 39. Black set up the deal between Stewart and the informant. Black also contacted the informant and asked if he would like the cocaine that Stewart was bringing to Milwaukee. After the informant requested nine ounces, Black told the informant that Stewart had called and notified him that thirteen and a half ounces was available.”

“Additionally, we agree with the State that the facts establishing Black’s credibility go beyond those that met the totality of the circumstances in Romero. For example, in Romero, the warrant affidavit did not describe Mr. X’s relationship with either the confidential informant or the defendant. See id., ¶33. In the case before us, on the other hand, the informant said that he associated with Black socially and also through drug dealing. In addition, the informant in this case had gone with Black on two prior occasions to a residence to obtain cocaine that Stewart had brought to Milwaukee. The informant’s prior dealings with Black in drug deals involving Stewart significantly bolsters Black’s credibility and the reliability of the information that Black gave the informant.”

Affirmed.

Recommended for publication in the official reports.

2010AP2553-CR State v. Stewart

Dist. I, Milwaukee County, Dallett, Ashley, JJ., Curley, J.

Attorneys: For Appellant: Jensen, Jeffrey W., Milwaukee; For Respondent: Kassel, Jeffrey J., Madison; Loebel, Karen A., Milwaukee