Florida Confidential Informant Search Warrant Law
Police can use information from confidential informants, called CIs, to obtain a search warrant. A warrant is valid when the officer's affidavit states the basis for the CI's knowledge or reliability. Evidence gained as a result of an invalid warrant cannot be used against the defendant.
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"Good Faith" Exception to Invalid Warrants
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Evidence obtained from an invalid search warrant may be used at trial if the warrant was issued in "good faith". First, the officer using a CI's information to procure a warrant must actually believe the CI is reliable, even if he isn't. Second, the judge issuing the warrant must also reasonably believe the CI's information establishes a reason to search. Third, the officer must search only those areas and items allowed by the warrant.
Example: Warrant Based on CI is Valid
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Adam, a CI, tells Officer he can buy drugs at Ben's house by sticking $10 through a slot. Adam says he has seen other people do this, and Officer has relied on Adam before. Officer drives Adam to Ben's house and watches Adam buy drugs. Officer writes an affidavit using this information and Judge issues a search warrant. Officer searches Ben's house and finds drugs. The drugs can be used as evidence against Ben.
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Example: Warrant Based on CI is Invalid
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Adam, a CI, tells Officer he can buy drugs from Ben. Adam doesn't state how he knows this, and Officer has never talked to Adam before. Officer drives Adam to Ben's house, leaves to get some coffee, and picks up Adam ten minutes later. Adam hands Officer drugs. Officer applies for a warrant and Judge issues it without reading the affidavit. Officer searches Ben's house and finds drugs. The drugs cannot be used as evidence.
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