Re: Can Hearsay Be Enough Proof for a Search Warrant
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greenmancan
It seems to me that you are blessed by a professional dept.
It gets complicated when police are sloppy or overzealous.
Yes, it does. But it is the exception to the rule that officers are sloppy as a result of being overzealous. Typically, the slop comes from poor training or supervision and not solely as a result of enthusiastic zeal. Zeal is great! It's when you allow the zeal to outrun common sense and logical process that you get into trouble. There is no indication that this happened here. Maybe it did, maybe it didn't, but right now there is no indication that it did.
Re: Can Hearsay Be Enough Proof for a Search Warrant
As already well discussed, it is not hearsay. Your argument is legally worthless.
There are a number of ways to get a search warrant.
For example, something that might apply here, a police officer or two can appear in front of a judge with a confidential informant. The informant will not say anything or testify. The judge will ask the police questions about the reliability of the informant, how the information is known, and some other things. The informant is not even identified in the proceeding. If the judge is satisfied, and they usually are, a search warrant will issue.
If a drug dog hits on your car, that too is probable cause. If the police see something in plain sight, smell illegal drugs, etc. it is all good. If people in the car appear to be under the influence to the trained police officers, that is good too.
You need new friends.
The only thing is to have your attorney attack the warrant, but if the warrant is only about your house, where nothing much was found, it might be pointless. He needs to find some error in the way the car was searched.
Your previous drug conviction can't be used against you in a trial. The state can say you were previously convicted of a crime to try to discredit your testimony, but they can't say what the crime was, unless you are stupid and start talking about it. That opens the door.
Your attorney will know the details of your case and the law better than anyone here. Listen to your attorney. Don't try to play lawyer, you are not equipped.
Re: Can Hearsay Be Enough Proof for a Search Warrant
I don't see anything on the face that suggests that either.I meant that as sort of a general statement.
The OP's use of the word sting leads me to believe there could much more to the story though.Which is why I thought your point about a possible CI made sense.
Re: Can Hearsay Be Enough Proof for a Search Warrant
Alright thank youeveryone for your helpful comments, now I only hope I can get. Enough cash together so I won't get screwed by being appointed a public defender. Thanks all and wish me luck!
Re: Can Hearsay Be Enough Proof for a Search Warrant
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warped71
Alright thank youeveryone for your helpful comments, now I only hope I can get. Enough cash together so I won't get screwed by being appointed a public defender. Thanks all and wish me luck!
You better check with the PD to see what they might or might not do, and you better make a decision quick because the window for an appeal is likely pretty short.
http://www.wisspd.org/html/appellate/appellate2.asp