Utah State Courts

Search Warrants: Hearsay - Two-Part Test

Information Introduction to Search Warrants Requirements for Issuance Hearsay: Two-Part Test

Exercises Hearsay: Veracity Hearsay: Basis of Knowledge Hearsay: Probable Cause for Issuance

Forms Affidavit - PDF | Word Search Warrant - PDF | Word

In this exercise, you will determine whether the following affidavit supports the Basis of Knowlege, which is the factual basis for the information furnished.

The affidavit submitted to secure the search warrant in this case stated the following:

Affiant states:

1. That within the last 24 hours, Affiant has been contacted by a Confidential Informant, who advised that a subject driving a red Chrysler PT Cruiser with Texas Plates, was currently selling heroin at a residence at 1106 South Cahoon. That Subject John Doe was from out of town and had brought the heroin in.
2. That Said Informant stated that subject was a [S]panish male, approximately 6-0 tall, weighing a little over 200 pounds, having black hair and did have some tattoos on his person.
3. That Said Informant did state that through personal knowledge, several heroin users had been to this residence.
4. That Said Informant has furnished information to Affiant in the past which Affiant did find to be true and correct through personal knowledge and investigation.
5. That based on the information provided by Said Informant, Affiant did drive by the residence and did observe the red PT Cruiser which did have a partial white vinyl roof. Description and the trailer house next to the house are the same as stated by Informant. Also, on checking utilities, it was learned that a Carol Cordova resided there.

We'll now review each of the above statements to determine whether each one adequately states the informant's basis of knowledge for the allegation that Cordova is selling heroin.

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