State v. Hughes

In State v. Hughes, 353 N.C. 200, 208, 539 S.E.2d 625, 631 (2000), our Supreme Court had to determine "whether the information received by the officers was obtained from an anonymous informant or a confidential and reliable informant." Hughes, 353 N.C. at 203, 539 S.E.2d at 628. Our Supreme Court first recognized that in applying the totality of the circumstances test, "the principles underlying Aguilar and Spinelli, mainly that evidence is needed to show indicia of reliability, are important components." Id. at 204, 539 S.E.2d at 628. Pursuant to the Aguilar-Spinelli test, reliability could be established by showing that the informant had been used previously and had given reliable information, that the information given was against the informant's penal interest, that the informant demonstrated personal knowledge by giving clear and precise details in the tip, or that the informant was a member of a reliable group such as the clergy. Id. at 203, 539 S.E.2d at 628. Our Supreme Court stated: The evidence shows that Detective Imhoff had never spoken with the informant and knew nothing about the informant other than Captain Matthews' claim that he was a confidential and reliable informant. There was no indication that the informant had been previously used and had given accurate information or that his statement was against his penal interest nor, as will be discussed later, was there any other indication of reliability. Id. at 204, 539 S.E.2d at 628. The Court then concluded that "without more than the evidence presented, we cannot say there was sufficient indicia of reliability to warrant use of the confidential and reliable informant standard. Accordingly, we analyze the anonymous tip standard in evaluating this case." Id. at 205, 539 S.E.2d at 629.