Is an affidavit that fails to provide any evidence indicating why an informant is "honest" or "reliable" insufficient to support probable cause?

California, United States of America


The following excerpt is from People v. Johnson, B280365 (Cal. App. 2018):

The applicable rule is well established: An affidavit that fails to provide any information indicating why an informant is "honest" or "reliable" is insufficient to support probable cause.5 (Illinois v. Gates, supra, 462 U.S. at p. 227.) " 'An informant's veracity or trustworthiness may be established in a number of ways. If the informant has provided accurate information on past occasions, he may be presumed trustworthy on subsequent occasions. [Citation.] Veracity also may be established through admissions against penal interest. [Citations.] Finally, an informant's reliability may be demonstrated through independent police corroboration of the information provided.' " (People v. Terrones (1989) 212 Cal.App.3d 139, 146-147 (Terrones).)

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