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  1. #1
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    Default Can Hearsay Be Enough Proof for a Search Warrant

    My question involves criminal law for the state of: Wisconsin

    I recently was caught up in a sting operation where while returning from Illinois, the car in which I was a passenger was was pulled over. after a search of the vehicle and all the persons in the vehicle cocaine and paraphanelia were found on everyone but me. a significant amount of marijuana was found in the trunk of the vehicle. The vehicle belonged to the driver and I was in the back seat. The driver and a passenger then proceeded to claim the weed was mine, which I strongly denied. I do have a drug conviction over 6 years ago which I repaid my debt to society, but my question is how can the sherrifs office issue a search warrant of my residence based off of a simple statement from other drug users? and my residence was the only place searched by the police even though I was the only one in the vehicle without drugs of any kind.

  2. #2
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    Default Re: Can Heresay Be Enough Proof for a Search Warrant

    So... what did they find at your house?
    All you need in this life is ignorance and confidence; then success is sure.
    - Mark Twain

  3. #3
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    Default Re: Can Heresay Be Enough Proof for a Search Warrant

    Quote Quoting warped71
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    ... and my residence was the only place searched by the police even though I was the only one in the vehicle without drugs of any kind.
    How do you know your home was the only one searched?

    Statements as you describe are highly unlikely to form the basis of a search warrant.

    IF the officers heard it directly from the passengers, there were drugs at your house, just as an FYI, that is not hearsay.

  4. #4
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    Default Re: Can Heresay Be Enough Proof for a Search Warrant

    The only thing the cops found at my house was a couple glass pipes and a broken scale, no drugs or anything of the kind

    I have since talked to my co-defendants and they personally told me they never had their homes searched

  5. #5
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    Default Re: Can Heresay Be Enough Proof for a Search Warrant

    Noone I was with had no personal knowledge of what would or wouldn't be at my house, so they would have been talkin out their pooper, which I would think would be hearsay

  6. #6

    Default Re: Can Hearsay Be Enough Proof for a Search Warrant

    Whether they were talking out of their pooper or not is an issue for trial. Since it's not hearsay, as BOR noted above, it's enough for a judge to issue a warrant upon.
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  7. #7
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    Default Re: Can Hearsay Be Enough Proof for a Search Warrant

    This was not hearsay. A "significant amount" of drugs were found in the car, at least two occupants alleged it was yours. That fact combined with a prior drug conviction is plenty good enough to provide probable cause for a search warrant. It is possible they might have had more, but that would almost certainly have been plenty good enough for a warrant in my state ... apparently it is in WI as well.

    Consult legal counsel ASAP and ask him or her about the possibility of a suppression motion. Absent some other error in the process, I suspect that is a long shot, but if it is all you have, then you take it.

    Quote Quoting warped71
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    Noone I was with had no personal knowledge of what would or wouldn't be at my house, so they would have been talkin out their pooper, which I would think would be hearsay
    Nope. Your buddies said it was yours. Exactly why they believed that might be an issue for a motion to suppress, but their statements are NOT "hearsay."
    A Nor Cal Cop Sergeant

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    And a croissant!"


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    Love mercy,
    Walk humbly with your God

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  8. #8
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    Default Re: Can Hearsay Be Enough Proof for a Search Warrant

    The significant amount of marijuana found in the trunk now belongs to you. Not only do you have two witnesses to the fact that it was your drugs in the trunk but after the search of your home the police find glass pipes and a scale, doesn't matter if it were broken or not. Oh and you have a prior from six years ago. You need a good lawyer to tear your two witnesses up on the stand.

    Good Luck.

  9. #9
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    Default Re: Can Hearsay Be Enough Proof for a Search Warrant

    What makes you sure it was a sting,searching your car without probable cause is SOP nowadays.Did they all descend on you at once or was it a stop gone bad.

    A trunk full of cannabis is not evidence that there would be more at his house.A prior is not evidence either and the two put together does not qualify either.
    The supreme court would not buy that. I'm a reasonable person of due diligence and I can't see it.
    So unless one of the others turned him over there was not enough to get a warrant.But it won't look good for the other defendants if they promised more at his house and they only found paraphernalia.It seems more exculpatory than anything.There is just no reason to believe that he was the owner of the cannabis.The evidence at his house suggests casual use if anything.

    BTW The recent decision by the SC about smelling being probable cause is to stop these crazy searches.Now they have to get a warrant.

  10. #10
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    Default Re: Can Hearsay Be Enough Proof for a Search Warrant

    Quote Quoting greenmancan
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    What makes you sure it was a sting,searching your car without probable cause is SOP nowadays.
    No it is not.

    A trunk full of cannabis is not evidence that there would be more at his house.A prior is not evidence either and the two put together does not qualify either.
    Depending on what the two witnesses said, yes, it can be. Plus, I can articulate (and have done so before) in an affidavit for a search warrant that when dealing with certain amounts that indicate sales and distribution that there is a strong likelihood that indicia of sales to include pay-owe sheets, packaging materials, or even more of the substance are highly probable at the residence of the person involved.

    Clearly you have no experience in writing search warrants or presenting them before a judge.

    The supreme court would not buy that. I'm a reasonable person of due diligence and I can't see it.
    Since you do not have any experience in this area, I am not surprised you might see it that way.

    But it won't look good for the other defendants if they promised more at his house and they only found paraphernalia.It seems more exculpatory than anything.
    Hardly.

    There is just no reason to believe that he was the owner of the cannabis.
    Aside from the statement of the two people in the car, of course.

    Whether there is enough to convict him of sales is a question for a jury. But, I would think it safe to say that the amount of dome found is well beyond personal use. And if not for personal use, then the inference will be that it is for sales/distribution.

    The evidence at his house suggests casual use if anything.
    But, it confirms use - not too bad, over all. At this point, the defense will have to chew up the stories of his friends if he is charged and needs to raise a defense.

    BTW The recent decision by the SC about smelling being probable cause is to stop these crazy searches.Now they have to get a warrant.
    Huh? Which case are you talking about? In my state plain smell is probable cause ... this is not true in every state, but in most it is.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

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