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

Which statement below provides a basis for believing the informant?

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.

   
   Sorry. Statement 1 does not support the veracity of the informant because it merely relays facts about what the informant said and does not indicate whether the facts are believable. Try again.

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.

   
   Sorry. Statement 2 does not support the veracity of the informant because it merely relays facts about what the informant said and does not indicate whether the facts are believable. Try again.
   

3. That Said Informant did state that through personal knowledge, several heroin users had been to this residence.

   
   Sorry. Statement 3 does not support the veracity of the informant because it merely relays facts about what the informant said and does not indicate whether the facts are believable. Try again.
   

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.

   
   Correct. Statement 4 does support the veracity of the informant.

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.

   
   Sorry. Statement 5 does not support the veracity of the informant because while it corroborates some of the information, these facts were readily observable. Try again.

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