Informant in shooting says he never bought drugs at house

The confidential informant on whose word Atlanta police raided the house of an 88-year-old woman is now saying he never purchased drugs from her house and was told by police to lie and say he did.

Chief Richard Pennington, in a press conference Monday evening, said his department learned two days ago that the informant â€” who has been used reliably in the past by the narcotics unit -- denied providing information to officers about a drug deal at 933 Neal Street in northwest Atlanta.

"The informant said he had no knowledge of going into that house and purchasing drugs," Pennington said. "We don't know if he's telling the truth."

The search warrant used by Atlanta police to raid the house says that a confidential informant had bought crack cocaine at the residence, using $50 in city funds, several hours before the raid.

In the document, officers said that the informant told them the house had surveillance cameras that the suspected drug dealer, called "Sam," monitored.

Pennington on Monday evening said the informant told the Internal Affairs Unit hat he did not tell officers that the house had surveillance equipment, and that he was asked to lie.

The Chief still maintained that "Sam," the alleged drug dealer, "actually exists."

Pennington was joined at the press conference by representatives from various law enforcement agencies who are now looking into the shooting.

The Georgia Bureau of Investigation, at the request of the Fulton County District Attorney's Office, is also looking into the incident, including examining the home to determine how many gunshots were fired in the confrontation.

Kathryn Johnston was killed Tuesday night when she fired at officers seeking to serve a warrant. They had broken down the front door and exchanged gunfire with Johnston.

Police later claimed a man named "Sam" had sold drugs from inside the house to an informant, prompting the officers to seek a "no-knock" warrant. Such warrants are frequently issued so police can get inside a home before suspects can destroy or flush drugs.

Johnston --- described by neighbors and family as a frightened woman who had burglar bars on her windows and door and rarely let friends and neighbors into her home --- had lived at the one-story brick home near the Georgia Dome for 17 years.

The police chief said officers found marijuana inside the house but "not a large quantity." The officers were not wearing uniforms but had on bulletproof vests with "Police" emblazoned across the front and back. And they identified themselves as they burst through the doors, police said.

Johnston grabbed a rusty six-shot revolver and emptied it. Five shots struck the officers, hitting one of them three times. The other two were each hit once. The officers returned fire, shooting Johnston twice in the chest and elsewhere, police have said.

The three officers were released from the hospital the next day. They are on leave with pay.

Below is the CURRENT case law used to define "probable cause" for the issuance of search warrants.

It's apparent to me that the officer who swore the affirmation that the information on crack being sold from this woman's house didn't meet the "totality of circumstances" test. An otherwise "reliable" informant states he bought crack from a fellow named "Jim" at the address. NO OTHER SUPPORTING EVIDENCE...no evidence of lots of traffic...no observation that a man was in the building...no information on WHO was in the building. Nothing but a crackhead saying he bought crack there.

Illinois v. Gates, 462 U.S. 213 (1983). FACTS: Illinois Police Department received an anonymous letter containing the following statements: that the wife would drive her car to Florida on May 3 to be loaded with drugs; that Gates would fly to Florida and drive the car back to Illinois; that the trunk would be loaded with drugs. Acting on the tip, a police officer obtained Gates’ address and learned that he had made reservations to fly to Florida. Arrangements for surveillance of the flight were made with the DEA. The surveillance disclosed that Gates took the flight, stayed overnight in a hotel room registered in his wife’s name, and left the following morning with a woman in a car bearing the Illinois license plate. A search warrant for Gates’ home and automobile was obtained setting forth the foregoing facts and a copy of the anonymous letter. When Gates arrived at his home, the police were waiting. A search of the house and car revealed marijuana. Gates was charged with violating state drug laws and was convicted. ISSUE: Did the affidavit and the anonymous letter provide sufficient facts to establish probable cause for the issuance of a warrant? YES DECISION: The conviction is affirmed, and the case sent back for further proceedings. PRINCIPLE OF LAW: The two-pronged test established under Aguilar ad Spinelli is abandoned in favor of a “totality of circumstances” approach. The task of an issuing magistrate is to make a practical decision whether, given all the circumstances, there is a fair probability that the evidence of a crime will be found in a particular place. Unlike a totality of circumstances analysis, which permits a balanced assessment of the relative weight of all the various indicia of reliability and unreliability attending an informant’s tip, the two pronged test has encouraged an excessively technical dissection of informant’s tips. SIGNIFICANCE: The two pronged test for establishing probable cause in which information is given by an informant is now replaced with the totality of circumstances test, making it easier for police officers to establish probable cause for the issuance of a warrant. Under the two pronged test as enunciated in Aguilar v. Texas, probable cause based on information obtained from an informant could be established only if the following were present: a. reliability of the informant, and b. reliability of informant’s information. Both conditions must have been satisfied before probable cause could be established. In contrast, under the totality of circumstances test, probable cause may be established if, based on all the circumstances, including hearsay, there is a fair probability that contraband or evidence of crime will be found in a particular place. The Gates case still preserves the two-pronged test established in Aguilar, but it does not treat the two aspects separately and independently. Instead, the totality of circumstances approach is used, meaning that whatever deficiencies there may be in one prong can be supplemented or overcome by the other, together with other available evidence.

I agree completely.

A "no-knock" search for crack based on the fact that an officer "swore" he followed current precedent for reasonable cause, without any other evidence to substantiate the contention...is a flimsy application of Gates. At a minimum, the second officer should have been required to affirm the information about the .

Additionally, no effort was made to determine whether the supposed perp was a resident at the address...or a one-time visitor. No effort to determine whether there were children...or the old/infirm in the residence.

Clearly this is the action of an overzealous narc squad acting with impunity and it resulted in the death of someone who APPEARS innocent.

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