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

The Role of Hearsay in Establishing Probable Cause
To issue a search warrant, a judge must find that the affidavit contains probable cause to believe that the place to be searched contains items connected with criminal activity. Probable cause means substantial evidence, which can be based entirely or partly on hearsay evidence. Hearsay is information that originally comes from someone other than the person relaying it. For example, when a police officer says in an affidavit that someone told the officer certain information, that information is hearsay. The person who gave the officer the information is referred to as an "informer" or “confidential informant.”

For probable cause to be based on hearsay, the hearsay must meet a two-part test. The judge must have a substantial basis to believe both of the following:

1. The source of hearsay (e.g. the person supplying the information to the officer) is credible, or believable. This is sometimes known as the "veracity" test, meaning that the informant can be considered truthful;
2. The informer has a factual basis for knowing the information provided. This is sometimes known as the "basis of knowledge" test, meaning that the information is grounded in sufficient facts to be considered reliable.

Next is an exercise where you will determine whether an affidavit that contains hearsay establishes probable cause to issue a search warrant. To make this decision you must evaluate the affidavit based on this two-part test. Because the affidavit must pass both parts, you can do them in any order by clicking the appropriate link in the main navigation above. If you would like to do them in our predetermined order, please Continue >.