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Commonwealth v. Smith

Suppression orders affirmed where search warrant was issued on basis of affidavit from trooper acting on tip from confidential informant because affiant provided no information to support that confidential informant was reliable, and facts and circumstances surrounding informant's tip did not provide sufficient indicia of reliability.

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� 1 The Commonwealth brings these appeals from the orders entered in the Court of Common Pleas of York County granting the motions of appellees, Brandi Smith and David Colgan, to suppress evidence recovered following the search of Smith’s vehicle. Upon review, we affirm.

� 2 The relevant facts and procedural history are as follows. On February 9, 2000, appellees were charged with possession of MDMA (a/k/a “ecstasy”) with intent to deliver and criminal conspiracy. On the evening of February 9, 2000, at approximately 7:50 p.m., Pennsylvania State Trooper Danny J. Fry, filed an application for an anticipatory search warrant and supplied the following information in the affidavit of probable cause:

My name is Danny J. Fry of the Pa. State Police. I have been a trooper with the Pa. State Police for approx. the last six years. During that time, I have conducted numerous drug investigations, which have led to arrests and convictions. I have also been the affiant on numerous search warrants, and have been present on the service of numerous other search warrants. During my career with the state police, I have received several hours of training on conducting drug investigations, dealing with informants, drug identification and interdiction techniques.

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