Furthermore, the Defendant only points to testimony that a couple previous deals arranged by the informant were unsuccessful because the seller did not show up. This does not render the informant's information unreliable. United States v. Akins, No4:07-cr-48-CAS, 2007 WL 1018761, at *6 n.2 (E.D. Mo. Apr. 2, 2007) ("The affidavit does not state nor should it be read to mean that on occasions when arrests did not occur that the informant's information was not reliable."). In Defendant's objections to the R&R, he only references the suppression hearing testimony as evidence of a lack of reliability of the informant [45] at 1.

The ATF agents were utilizing a CS whose information in the past had led to arrests of federal and state defendants. That on occasion the CS arranged for a deal that was unsuccessful because the seller did not show up does not render the CS's information unreliable. Cf. United States v. Akins, No. 4:07-CR-48 CAS, 2007 WL 1018761, at *6 n.2 (E.D. Mo. Apr. 2, 2007) (holding that search warrant was not invalid where affiant averred that he had used reliable informant on numerous occasions that led to at least three arrests for narcotics violations; "[t]he affidavit does not state nor should it be read to mean that on occasions when arrests did not occur that the informant's information was not reliable"). There is no evidence, for example, that the CS reported to law enforcement that there were drugs present when in fact there were no drugs, or that persons were arrested based on false or incorrect information provided by the CS. More importantly, two pieces of information from the CS rendered the information about Baskin reliable. First, the CS gave detailed information about the time and location of the deal and the vehicle Baskin was driving, and these facts were verified by independent police investigation. It is true that a tip that relays only presently observable facts "might not be sufficient in and of [itself] to lend the necessary cred

Accord United States v. Sherrill, 27 F.3d 344, 346-47 (8th Cir.) (affidavit for warrant to search defendant's home could provide probable cause to arrest defendant even prior to search), cert. denied. 513 U.S. 1048 (1994); United States v. Akins, 2007 WL 1018761, *5-6 (E.D. Mo. Apr. 2, 2007) (same). The Court finds that the officers had probable cause to arrest defendant Alexander when they found him at home at the time of the search for the crime of invasion of privacy based on the information that had been provided to the officers by the witness and the victim.