Police should have to verify an informant’s tip with their own investigation before rifling through someone’s drawers to protect Minnesotans from unreasonable searches that violate the constitution. That’s why the ACLU-MN filed an amicus brief on Friday, Nov. 15, in the case of State v. Nagle, which is before the Minnesota Supreme Court.
On March 10, 2022, law enforcement obtained a search warrant to search Jennifer Nagle’s home – a home they knew nothing about. Law enforcement got a warrant based on nothing more than a tip provided by a paid informant (who had been previously arrested for crimes related to drugs).
The ACLU-MN argues that Article I, Section 10 of the Minnesota Constitution requires more than a simple, uncorroborated tip of drug use from a paid informant to obtain a warrant to search someone’s home.
“Officers should not delegate their duty to investigate people with no accountability to the public—particularly when those people have incentives to lie or provide inaccurate information,” said ACLU-MN Staff Attorney Alica Granse. “They may be receiving reduced sentences, money, or even drugs as payment for the information. Courts should require officers to demonstrate the information is accurate by doing independent investigation before seeking a warrant.”
Law enforcement's use of criminal informants creates more problems than it solves. Reliance on informants results in more crime and violence in communities, erodes trust in the legal system and law enforcement, and has a disproportionate impact on communities of people of color and people experiencing poverty.
“Our constitution protects us all from unreasonable searches and seizures—all Minnesotans deserve to be safe and secure in their homes and in their communities,” said Granse. “Search warrants should only be granted when police have good reason—and correct information.”
Police officers needed no more than 150 words to get permission to search a home whose owner they didn’t even bother to determine. Because of those 150 words, a kitchen scale, baggies and 0.1 grams of methamphetamine, Nagle was put in prison for 51 months. That is not reasonable and does not help keep our communities safe.