State v. Crowley, 1998 ME 187 (Me. 1998). · Go Syfert
State v. Crowley, 1998 ME 187 (Me. 1998). Cases Citing This Book View Copy Cite
80 citation events (75 in the last 25 years) across 2 distinct courts.
Strongest positive: State v. Gdovin (me, 2008-12-30)
Treatment trajectory · 1999 → 2026 · click a year to view as-of
1999 2012 2026
Top citers, strongest first. 13 distinct citers.
discussed Cited as authority (rule) State v. Gdovin (2×)
Me. · 2008 · signal: cf. · confidence medium
Cf. State v. Crowley, 1998 ME 187, ¶¶ 2, 8, 714 A.2d 834, 836, 837 (holding that the observation of suspicious behavior by the defendant’s wife contributed to a finding of probable cause).
examined Cited as authority (rule) State v. Rabon (18×) also: Cited "see"
Me. · 2007 · confidence medium
See State v. Dickinson, 2005 ME 100, ¶¶ 2-3 , 881 A.2d 651, 653-54 (observations of suspicious behavior at place to be searched over several month period); State v. Coffin, 2003 ME 83, ¶ 5 , 828 A.2d 208, 209 (observation of marijuana plants with path from plants to defendant’s home); Crowley, 1998 ME 187, ¶¶ 2, 8 , 714 A.2d at 836-37 (observation of furtive behavior of defendant’s wife at defendant’s home in addition to information from named informant and two confidential informants); Dignoti, 682 A.2d at 668, 670 (observation of predicted multiple home visits in short time period…
discussed Cited as authority (rule) State v. Wright
Me. · 2006 · confidence medium
“Courts must give the affidavit a positive reading and review the affidavit with all reasonable inferences that may be drawn to support the magistrate’s determination.” Id. (quotation marks omitted). [¶ 9] We have not prescribed a “ ‘per se rule fixing a specified period as a mandatory maximum time within which, to be valid, a search warrant must be sought after ... the events relied upon to show probable cause; the approach is ad hoc in terms of the circumstances of each case ....’” State v. Crowley, 1998 ME 187, ¶ 5 , 714 A.2d 834, 836 (quoting State v. Willey, 363 A.2d 739, …
discussed Cited as authority (rule) State v. Lux
Me. · 1999 · confidence medium
Put another way, probable cause to search exists when “ ‘there is a fair probability that contraband or evidence of a crime will be found in a particular place.’ ” State v. Crowley, 1998 ME 187, ¶ 3 , 714 A.2d 834, 836 (quoting Illinois v. Gates, 462 U.S. 213, 238 , 103 S.Ct. 2317 , 76 L.Ed.2d 527 (1983)). “[T]he quantum of proof necessary to establish probable cause is less than the level of fair preponderance of the evidence.” State v. Bradley, 658 A.2d 236, 237 (Me.1995) (citing Texas v. Brown, 460 U.S. 730, 742 , 103 S.Ct. 1535 , 75 L.Ed.2d 502 (1983)). [¶ 11] Possessing a co…
discussed Cited "see" State of Maine v. Lawz R. Lepenn (2×)
Me. · 2023 · signal: see · confidence high
See State v. Crowley, 1998 ME 187, ¶ 6 , 714 A.2d 834 (noting that “an informant’s reliability is not to be considered an element separate and apart from the general inquiry” and that “corroboration enhances the credibility of information from informants that is presented in a search warrant”) (alterations and quotation marks omitted); see generally Adams v. Williams, 407 U.S. 143, 146-49 (1972).
discussed Cited "see" State of Maine v. Keaton (2×)
Me. Super. Ct · 2022 · signal: see · confidence high
See, State v. Gdovin, 2008 ME 195 , Pl1, 961 A.2d 1099, 1102 (Citing, State v. Crowley, 1998 ME 187 , PP 2, 8, 714 A.2d 834, 836, 837 (holding that the observation of suspicious behavior by the defendant's wife contributed to a finding of probable cause)).
discussed Cited "see" State of Maine v. Christopher W. Roy (2×)
Me. · 2019 · signal: see · confidence high
See State v. Crowley , 1998 ME 187 , ¶ 5, 714 A.2d 834 (time between circumstances and request for search warrant); State v. Willey , 363 A.2d 739 , 742 (Me. 1976) (time between circumstances and issuance of search warrant).
discussed Cited "see" State of Maine v. Haley (2×)
Me. Super. Ct · 2017 · signal: see · confidence high
See Crowley, 1998 ME 187 , ,r 5, 714 A.2d 834 .
discussed Cited "see" State of Maine v. Sullivan (2×)
Me. Super. Ct · 2010 · signal: see · confidence high
See State v. Crowley, 1998 ME 187 , <JI 4, 714 A.2d 834, 836 .
discussed Cited "see" State of Maine v. Smith (2×)
Me. Super. Ct · 2007 · signal: see · confidence high
See State v. Crowley, 5 1998 ME 187 , <JI 4, 714 A.2d 834, 836 ; see also State v. Coffin, 2003 ME 83 , <JI 6, 828 A.2d 208,209 (read affidavit with deference to officer who issued search warrant). 2.
discussed Cited "see" State of Maine v. Soucy (2×)
Me. Super. Ct · 2006 · signal: see · confidence high
See State v. Crowley, 1998 ME 187, 3 , 714 A.2d 834,836 .
discussed Cited "see" State of Maine v. Touchton (2×)
Me. Super. Ct · 2005 · signal: see · confidence high
See State v. Crowlev, 1998 ME 187, ¶ 4 , 714 A.2d 834,836 .
discussed Cited "see" State v. Coffin (2×)
Me. · 2003 · signal: see · confidence high
See Crowley, 1998 ME 187, ¶ 3 , 714 A.2d at 836 . [¶ 6] Read with deference to the judge who issued the search warrant, the affidavit provides a substantial basis for a finding of probable cause.
STATE of Maine
v.
George CROWLEY
Supreme Judicial Court of Maine.
Jul 27, 1998.
1998 ME 187
David W. Crook, District Attorney, Evert Fowle, Asst. Dist. Atty. (orally), Skowhegan, for the State., John Alsop (orally), Alsop & Mohlar, Nor-ridgewock, for defendant.
Wathen, Roberts, Clifford, Rudman, Dana, Lipez, Saufley.
Cited by 24 opinions  |  Published
WATHEN, Chief Justice.

[¶ 1] The State appeals from an order of the Superior Court (Somerset County, Alexander, J.) suppressing evidence obtained during a search of defendant’s home. The court found that the magistrate issued the warrant authorizing the search based on an affidavit that was unsupported by probable cause. The State argues on appeal that the court misapplied the totality of the circumstances test, that a substantial basis existed in support of the magistrate’s finding of probable cause, and that the court erred in suppressing the evidence. We agree and vacate the judgment.

[¶ 2] The relevant facts may be summarized as follows: Defendant was indicted in 1997 for possession of firearm by felon (15 M.R.S.A. § 393 (1980 & Supp.1997) (Class C) (Count I)) and for aggravated trafficking in scheduled drugs (17-A M.R.S.A. § 1105[*836] (1983 & Supp.1997) (Class C) (Count II)). The indictment was based on evidence seized during a search of defendant’s home. The search was conducted pursuant to a search warrant issued by a justice of the peace. It was based on information in an affidavit and request for a search warrant dated March 5, 1997, executed by Lieutenant Carl Gottardi of the Somerset County Sheriffs Department. In the affidavit, Lieutenant Gottardi asserted that probable cause existed to believe that the residence in question contained evidence of criminal conduct, including controlled drugs and other contraband. The facts set forth in the officer’s affidavit included the following: (1) statements of a person charged with trafficking in marijuana to the effect that, until the latter part of 1996, he/she was involved in purchasing marijuana from Crowley; that Crowley would always go upstairs in his home to get the marijuana; and that his/her friend had been purchasing marijuana from Crowley on a steady basis until March 3, 1997; (2) Crowley’s prior conviction in 1990 for possession of scheduled drugs involving sales of marijuana stored upstairs in his home; (3) statements of Deputy Randy Wing of the Somerset County Sheriffs Department that in December, 1996, he responded to a burglary at defendant’s residence; that, when he arrived, defendant’s son, and then later defendant’s wife, would not let him inside the residence; and that the wife was extremely agitated that the deputy was at the residence; (4) statements of two confidential informants, identified by Officer Gottardi as reliable, that each had friends still purchasing marijuana from defendant at his residence until February 18,1997.

[¶ 3] When the State appeals from the Superior Court’s order suppressing evidence, we “review directly the finding of the magistrate who issued the warrant that probable cause existed.” State v. Perrigo, 640 A.2d 1074, 1076 (Me.1994) (citations omitted). In determining whether probable cause exists, the magistrate applies the “totality of the circumstances” test adopted in Illinois v. Gates, 462 U.S. 213, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983). State v. Perrigo, 640 A.2d at 1076. That test requires that the magistrate’s probable cause finding be made upon “the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.” State v. Lutz, 553 A.2d 657, 659 (Me.1989) (citations omitted). It requires the issuing magistrate “simply to make a practical, common-sense decision whether, given all the circumstances set forth in the affidavit before him, including the ‘veracity’ and ‘basis of knowledge’ of persons supplying hearsay information, there is a fair probability that contraband or evidence of a crime will be found in a particular place.” Illinois v. Gates, 462 U.S. 213, 238, 103 S.Ct. 2317, 76 L.Ed.2d 527 (1983).

[¶ 4] A court must review the affidavit “with all reasonable inferences that may be drawn to support the magistrate’s determination.” State v. Lutz, 553 A.2d at 659. Further, courts must “not ... make a de novo determination of probable cause, but rather must accord deference to the magistrate’s decision and must limit its inquiry to the question of whether there was a ‘substantial basis’ for the magistrate’s single required finding of probable cause.” Id. (citations omitted). Moreover, courts must give the affidavit a “positive reading” and not a “grudging reading.” State v. Ward, 624 A.2d 485, 487 (Me.1993).

[¶ 5] We have stated since Gates that “whether past circumstances disclose a probable cause that is still continuing at the time of the request for a search warrant is not determined merely by the passage of time, but may also depend upon the circumstances of each case.” State v. Friel, 508 A.2d 123, 127 (Me.1986) (citing State v. Willey, 363 A.2d 739, 742 (Me.1976)). For this reason, we have “refrained, therefore, from prescribing any per se rule fixing a specified period as a mandatory maximum time within which, to be valid, a search warrant must be sought after occurrence of the events relied upon to show probable cause; the approach is ad hop in terms of the circumstances of each case_” Willey, 363 A.2d at 742. In this case, the challenged information from an informant that he had purchased marijuana until late 1996 was at least two months old at the time the affidavit was presented and the warrant issued on March 5,1997. Under the[*837] totality of the circumstances test, however, the stale information should be considered in conjunction with the affidavit as a whole and may be freshened by the other corroborating statements in the affidavit.

[¶ 6] We have also stated that probable cause may be based on an informant’s statements. Under the totality of the circumstances test, “an informant’s ‘veracity,’ ‘reliability,’ and ‘basis of knowledge’ are all highly relevant in determining the value of his report.” State v. Knowlton, 489 A.2d 529, 531 (Me.1985) (quoting Illinois v. Gates, 462 U.S. at 230, 103 S.Ct. 2317 (1983)). Under this test, however,

those elements should [not] be understood as entirely separate and independent requirements to be rigidly exacted in every ease_ Rather ... they should be understood simply as closely intertwined issues that may usefully illuminate the common-sense, practical question whether there is “probable cause” to believe that contraband or evidence is located in a particular place.

Id. For example, “[a]n informant’s reliability is not to be considered ‘an element separate and apart from the general inquiry whether the affidavit as a whole establishes a sufficient basis’ for the warrant.” State v. Perrigo, 640 A.2d at 1076. Moreover, “[c]or-roboration enhances the credibility of information from informants that is presented in a search warrant, but there is no rigid requirement that all assertions of an informant must be corroborated ... [because] that would be inconsistent with the ‘totality of the circumstances’ test.” Id, (citations omitted).

[¶ 7] The same rationale applies to an informant’s basis of knowledge. Although we have stated that “conclusory statements without a recital of the underlying factual circumstances will not suffice,” State v. Willey, 363 A.2d at 741, the basis of knowledge is no longer a separate and independent requirement but one that is closely intertwined with the other elements to illuminate the question of probable cause. See Gates, 462 U.S. at 239, 103 S.Ct. 2317 (beyond the bare bones affidavits of Nathanson v. U.S., 290 U.S. 41, 54 S.Ct. 11, 78 L.Ed. 159 (1933) and Aguilar v. State of Texas, 378 U.S. 108, 84 S.Ct. 1509, 12 L.Ed.2d 723 (1964) based on wholly conclusory statements, a more flexible, common-sense standard better serves the purposes of the probable cause requirement).

[¶ 8] Deferring to the magistrate’s historical factual findings and considering the totality of the circumstances, we conclude that the potentially stale first-hand information, freshened by the corroborating conclusory statements, and the furtive behavior of the wife, taken as a whole, establish the necessary substantial basis for the magistrate’s finding of probable cause. Accordingly, we vacate the Superior Court’s order granting defendant’s motion to suppress.

The entry is:

Order vacated. Remanded for entry of an order denying defendant’s motion to suppress evidence.