Recently, a state appellate court issued a written opinion in an Arizona marijuana crime case involving a defendant’s challenge to a warrant that was obtained based on information that was provided by an informant after her own arrest for drug possession. The case presents important issues for those charged with crimes based on an investigation that may have included testimony from a potentially biased witness.
The case also illustrates how a witness’ recantation of a statement will not always result in the information being disregarded.
The Facts of the Case
A woman (the informant) was arrested after police discovered a significant amount of marijuana in her backpack. After the informant’s arrest, she made a series of statements to police indicating that she obtained the marijuana from the defendant, who had a much larger supply. The informant explained that the defendant was flying in marijuana on light-weight planes and also that she saw a gun at the defendant’s house.