The middlemen did not know they were participating in controlled buys and had no apparent motive for deception. The appellate court held the controlled buys were reliable indicators that Bacon was selling drugs from his home. That, coupled with the information gleaned in the controlled buys, provided probable cause to search Bacon’s residence. The appellate court cited the detailed tips from anonymous sources and the officers' corroboration of the tipsters' information about Bacon's cars, address and criminal record.
Confidential informant cases trial#
The trial court denied the motion and the appellate court affirmed. Wait, would Bacon have sold drugs to someone not involved with drug use? In this case, Bacon complained the warrant didn't describe the unwitting middlemen as criminals involved in drugs. Bacon also asked the court to hold a Franks hearing to challenge the reliability of the unwitting confidential informant "acquaintances." The affidavit did not explain that the officers did not recruit or know the middlemen and did not search them as part of the controlled buy.Ī Franks hearing is a legal proceeding in a criminal case where the defendant challenges the truthfulness of information recited in a search warrant. Bacon asked the court to suppress the evidence from the initial home search, claiming the affidavit lacked probable cause. Bacon was subsequently convicted on several counts of armed drug dealing and possession of short-barreled rifles, body armor and explosive devices.īoth of the unwitting CI "acquaintances" were arrested a year later on unrelated drug charges. During a search of the car incident to arrest, the officers found drugs and several guns, including two short-barreled rifles.
Bacon was not home at the time but was arrested later that day during a traffic stop. During the warrant service, officers found guns and ammunition, a ballistic vest, suspected explosive devices, a digital scale, drug sales records and large quantities of meth, cocaine and fentanyl. Officers confirmed Bacon was a convicted felon.īased on this information, officers obtained a search warrant for Bacon's apartment. The tipster also said Bacon had multiple guns in his residence. One of the anonymous tipsters said Bacon was selling large amounts of heroin, cocaine and meth to the tipster's friends. In each case, the acquaintances bought drugs from Bacon.Įach acquaintance stated that Bacon had weapons in his apartment. The CIs were wearing wires and the officers kept the CIs and their unwitting accomplices under close surveillance. However, in these cases, the CIs used acquaintances to make the actual purchase. The officers arranged for two controlled buys using two different confidential informants (CIs) with proven track records.
"This case presents a novel variation on the classic controlled buy." Officers received two anonymous tips about Shawn Bacon, who had previously been arrested for selling cocaine from his home, selling drugs from his residence.
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