Thank you. The reason I posted this thread seeking your opinions is that I value your insight. Again, thank you.
Perhaps it would be helpful if I listed what I consider the most glaring issues I have with this affidavit and someone could point out how and why I am wrong.
- The informant gives no information, nor does it appear he was asked, HOW he came to know the information he provided concerning the “counterfeit operation”. The first paragraph lays out a method of counterfeiting, but there is no information that the informant gained this information by either witnessing or participating in the activity.
- My understanding is that there must be a basis of knowledge established to give weight to statements made by the informant.
- Should the informant be required to make a statement against penal interest to be considered reliable if no other basis exists?
- The only information that could be considered corroborated were the counterfeit bills the affiant obtained from the informant. Although there seems to be a discrepancy in the number of bills the informant provided to the affiant. The significance of this will come to light.
- All of the counterfeit bills used to establish probable cause came from the informant.
- The affiant made no effort to establish how or why the informant was in possession of these counterfeit bills. So, could anyone simply buy some illegal drugs, then call the police and tell them his neighbor gave them to him six months earlier? And then, could the police use this to establish probable cause to get a search warrant?
- The assertion that the suspect “gave” the bills to the informant, even if it was corroborated, happened six months prior to this affidavit. Doesn’t there need to be a basis established that a crime is currently being committed at the time of the warrant?
- The affiant gives no information describing any independent investigative work done to determine whether the allegations were founded.
- The affiant gives no information that establishes the veracity of the informant or whether to consider his allegations believable or reliable.
- The fact is there are a number of statements that should cast suspicion on the motives of the informant and make his statements highly questionable.
- “Mr. INFORMANT told me his wife is involved but not willingly. He said the suspects have BECKY hooked on methamphetamine and she will not come home”.
- “She frequents the suspect’s home to see her mother, BECKY, who is now living with the suspect GARY”.
- “Due to the way the suspects are treating his wife, Mr. INFORMANT decided not to give GARY’s wallet to him”.
- The passage of so much time between the informant coming into possession of his “evidence” and him contacting the police.
- The informant alleges he “found” a wallet containing one thousand dollars in counterfeit bills on the suspect’s property and asserts that it was GARY’s wallet.
- There wasn’t any identification in the wallet and therefore nothing to establish whose wallet it was.
- The informant states that he “hid the wallet” in the suspect’s truck because he was mad at him.
- The informant all but admitted to planting evidence on the suspect’s property. How could this be used to support probable cause?
- Why couldn’t anyone plant anything on anyone’s property and use it to frame someone?
- What would happen if someone did plant evidence on their neighbor’s property then tell the police that they found it in that neighbor’s driveway, and instead of calling the police they hide it in the neighbor’s vehicle where it sits for two months before the police are contacted?
- Is this sufficient to support probable cause?
- The informant asserts that “On Thanksgiving in 2007, Mr. INFORMANT saw GARY and LARRY SUSPECT smoking methamphetamine in GARY’s home”.
- Is this sufficient to support probable cause for a search warrant being granted to storm a house in April 2008?
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I understand that the judge considers the information in its entirety and specific points are not dissected.
But, there seems to be so many things wrong with this, IMHO of course.

