Search Warrants: Hearsay - Probable Cause for Issuance
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The affidavit submitted to secure the search warrant in this case stated the following:
Affiant states:
- 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.
- 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.
- That Said Informant did state that through personal knowledge, several heroin users had been to this residence.
- 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.
- 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.
Does the affidavit in this case establish probable cause?
YES NO
Incorrect. The affidavit does NOT establish probable cause. In order to establish probable cause based on hearsay, you must be able to establish that there is a substantial basis in the affidavit for believing both that the source of the hearsay is credible (veracity), and the informant's report was based on reliable information (basis of knowledge). Therefore, the affidavit in this case failed to establish probable cause. You should not issue a warrant based on this affidavit. Try again.
You're right. The affidavit does NOT establish probable cause.