U.S. v. Bacon

In prosecution on drug and firearms charges, Dist. Ct. did not err in denying defendant's motion to suppress seizure of guns and drugs found at defendant's home pursuant to search warrant, under circumstances where police used uncontrolled acquaintance of confidential informant to make two purchases of drugs from defendant at defendant's home. While defendant argued that use of uncontrolled acquaintance of confidential informant negated any probable cause finding when search warrant was issued, especially where police had failed to search acquaintance prior making instant drug purchases, Dist. Ct. properly found existence of probable cause to search defendant's home following instant drug purchases, where: (1) police enlisted reliable confidential informant, who reached out to acquaintance who indicated that he could buy drugs from defendant at his home and that defendant had guns in his home; (2) prior to making said drug purchases, police searched and wired confidential informant; (3) confidential informant thereafter met with acquaintance and gave acquaintance money to buy drugs from defendant; (4) police observed informant, who was unaware of police involvement in said purchases, enter defendant's home and leave 18 minutes later; and (5) acquaintance then immediately met with informant and handed drugs to informant. Fact that police did not witness drug sales did not require different result, since above facts indicated likelihood that defendant was selling drugs from his home, and defendant did not otherwise identify what motive acquaintance would have had for deceiving informant about source of drugs.