¶1(specially concurring).
¶2We concur in Judge Hernandez’ discussion of and answer to defendant’s second point concerning the return of the search warrant.
¶3 We do not join in Judge Hernandez’ general discussion concerning applications for search warrants since that discussion is unnecessary to decide the first point raised by defendant. That point concerns double hearsay. The portions of the affidavit quoted show that the affiant officers relied in part on information from Officer Herrera and that Herrera relied in part upon statements made by identified informants. Defendant contends this is hearsay upon hearsay and that such is insufficient for probable cause under § 41-23 — 17(f), N.M.S.A.1953 (2d Repl.Vol. 9, 1972 (Spec.Supp.). Double hearsay, in itself, does not render the affidavit legally insufficient. United States v. Smith, supra; Dawson v. State, supra. The tests of § 41 — 23—17(f), supra, are to be applied regardless of-double hearsay.
¶4Identified informants stated they had purchased narcotics at the indicated residence from the defendant. These were statements against the informants’ penal interests. United States v. Harris, supra; State v. Archuleta, supra.
¶5In addition to those statements, Herrera observed “fresh needle marks” on the informants’ arms. Herrera relayed these statements against penal interests and his observation to the affiant officers who, in turn, conducted their own surveillance. “. . . Observations of fellow officers . engaged in a common investigation are plainly a reliable basis for a warrant applied for by one of their number.” United States v. Ventresca, supra.
¶6The statements against penal interests and the observations of fresh needle marks contained in the affidavit provide a substantial basis for believing the informants and provide a factual basis for the information furnished. The fact that the information was presented to the judge through the affiants, rather than by Herrera, did not render this information unsubstantial. The affidavit showed probable cause and was sufficient for issuance of the search warrant.
¶7On the foregoing basis, we agree the motion to suppress was properly denied.