In Vinson, the Alabama Supreme Court evaluated the warrant issued in that case and the supporting affidavit according to the circumstances of that case. An explanation for the genesis of that "totality of the circumstances" approach can be found in McBride v. State, 492 So.2d 654 (Ala.Crim.App. 1986). The affidavit underlying the warrant in McBride, in terms of staleness, contained only the statement that the informant "has in the past observed" contraband in McBride's home. 492 So.2d at 656.
. . . First-hand observations of criminal activity by a reliable informant in conjunction with police corroboration of factual details provides just this probability."'" Harrelson v. State, 897 So.2d 1237, 1241 (Ala.Crim.App. 2004), quoting McBride v. State, 492 So.2d 654, 658 (Ala.Crim.App. 1986), quoting in turn United States v. Thompson, 751 F.2d 300, 302 (8th Cir.1985). Initially, we note that on appeal Harris confines his probable-cause argument to those circumstances that occurred before the officers' entry onto his premises.
"The Fourth Amendment exclusionary rule should not be applied so as to bar the use in the prosecution's case in chief of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be invalid. United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984); McBride v. State, 492 So.2d 654, 658 (Ala.Cr.App. 1986). Although the 'good faith' exception does not apply to a 'bare bones' affidavit or one so lacking in indicia of probable cause as to render official belief in its existence unreasonable, the affidavit in this case was not so lacking. Crittenden v. State, 476 So.2d at 635.
The Fourth Amendment exclusionary rule should not be applied so as to bar the use in the prosecution's case in chief of evidence obtained by officers acting in reasonable reliance on a search warrant issued by a detached and neutral magistrate but ultimately found to be invalid. United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984); McBride v. State, 492 So.2d 654, 658 (Ala.Cr.App. 1986). Although the "good faith" exception does not apply to a "bare bones" affidavit or one so lacking in indicia of probable cause as to render official belief in its existence unreasonable, the affidavit in this case was not so lacking.
Even if the affidavit were defective and the warrant invalid in this case, the evidence seized was not due to be suppressed, because of the officer's good faith reliance on a warrant issued by a detached and neutral magistrate. United States v. Leon, 468 U.S. 897, 104 S.Ct. 3405, 82 L.Ed.2d 677 (1984); McBride v. State, 492 So.2d 654 (Ala.Cr.App. 1986). There is no question here that the officer acted in good faith, that the magistrate was impartial and neutral, and that the warrant with the affidavit attached was such that the officer could reasonably rely upon its sufficiency.
' " 462 U.S. at 235, 103 S.Ct. at 2330. The state further relies on our decision in McBride v. State, 492 So.2d 654 (Ala.Cr.App. 1986), in which this court held: "Notwithstanding . . . failure to specify time of . . . informant's observation of the contraband, the affidavit provided the magistrate with . . . probable cause."
This is a sound result. . . .' W. LaFave, 1 Search and Seizure, ยง 3.3, p. 510 (1978)." McBride v. State, 492 So.2d 654 (Ala.Cr.App. 1986). Further, as previously noted, the informant's tip was corroborated by the police officer's observation of approximately three large marijuana plants on the appellant's deck.