Powell is alleged to participate in prior to the police arrest of the defendant and search of the defendant's home require disclosure. He CIs' integral involvement in establishing probable cause for the application to intercept the communications of a criminal enterprise of which Mr. 2 He further alleged that failure to require disclosure of the confidential informants' identities would infringe on his rights to confrontation, due process, and compulsory process, claiming: In his motion to compel disclosure of the confidential informants, Powell alleged that Agent Sams used “unreliable and seemingly fabricated information provided by these three informants” to create probable cause for a wiretap after Agent Sams admitted that he had exhausted every reliable investigative police strategy to unravel the suspected scheme. Thereafter, based on information uncovered as a result of the wiretap investigation, the State charged Powell, along with sixteen of his confederates, with various criminal offenses.
The wiretap application was granted by the circuit court.
Confidential Source Two was alleged to have completed a controlled buy from Williams and Powell in August 2012. Specifically, Confidential Source One referred to Powell as Williams' “right hand man” in the drug distribution ring, and stated that Powell lives with Williams and sells/distributes controlled substances for Williams in lieu of rent.
All three were said to have personal knowledge of Williams' and Powell's nefarious activities. The three confidential informants, none of whom were aware of the other's cooperation with law enforcement, were each interviewed by Agent Sams. The application sought the interception of communications occurring to and from a certain telephone number that was believed to be utilized by Williams (“Target Telephone One”). Based in part on information supplied by three confidential informants, Agent Sams filed an Application for an Order Authorizing Interception of Wire, Oral and Electronic Communications pursuant to section 934.08, Florida Statutes. We agree and quash the order under review.Īgent Sams of the Ocala Police Department suspected that Todd Shevan Williams (Williams) and a number of his cohorts, including his roommate, Sharmark Powell (Powell), were confederates in a drug trafficking organization that distributed large quantities of controlled substances in Marion and Citrus Counties. The State claims that the order is a departure from the essential requirements of the law, resulting in irreparable harm for which there is no remedy on appeal.
CONFIDENTIAL INFORMANT CASE LAW TRIAL
The State of Florida petitions for a writ of certiorari directed at the trial court's non-final form order, rendered on July 18, 2013, requiring the State to disclose the identities of three confidential informants who supplied information used by the Ocala Police Department in the application for a wiretap. Juan Lynum, of Lynum & Associates, PLLC, Orlando, for Respondent. Pendergrass, Assistant State Attorney, Inverness, for Petitioner.
Decided: June 20, 2014īrad King, State Attorney, and Melissa R.
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