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  1. #1
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Is Probable Cause Adequately Established to Support a Search Warrant

    That's too complicated legally to decipher. It needs the evaluation of a Criminal law attorney. As said, regardless if a Judge signed it or not if was based on lies/deceit/fraud, it can be challenged.

    Based on the SW, what, if any contraband was seized you are trying to subsequently suppress?

  2. #2

    Default Re: Is Probable Cause Adequately Established to Support a Search Warrant

    Thank you for looking at this. I understand that it's complicated, and I have bounced this off an attorney. I'm interested in this warrant precisely because it's complicated. I wanted to get bounce it around and get some insight from intelligent people such as yourself.

    It actually gets more complicated as subsequently there was a search warrant granted in Arizona to search suspect LARRY's residence based on this affidavit.

    To answer your question, the contraband seized as a result of the search warrant was a small empty (except for residue) baggie containing meth. Also, not surprisingly, a wallet located right where the informant said he put it (the green pickup) that contained twelve (not the ten the informant stated) counterfeit $100 bills.

    I'll also add that when the report of the search was filed it did not mention that the wallet found in the truck with the bills was placed there by the informant or even that they had information that it would be there. They put in a context that implies that they simply discovered it there as a result of a good and thorough search of the property.

    I guess what intrigues me most are the statements the informant made that demonstrated hostility he had for the suspects, and that all the "evidence" was given to the police, or planted by, the informant. And the Judge's apparent disregard of the implications.

    When I read this information I had the feeling that probable caused was established; to get a search warrant for the informants residence. He was the one that without question was in possession of the counterfeit money, and was in possession of it for a long period of time.

    Again, thank you for your attention.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Is Probable Cause Adequately Established to Support a Search Warrant

    As was stated, apparently this was sufficient to convince a judge that probable cause existed to issue a search warrant of a search for wherever it was they issued the warrant. Also, since you are here, I think we can assume that the police found evidence of criminal activity as a result of the search warrant, correct?

    As pointed out, the affidavit for the search warrant need only show that there is probable cause to believe that a crime was committed and that evidence of that crime might be in the place where they are asking to search. Absolute certainty is NOT a requirement. The fact that there could be another interpretation of the event(s) does not mean that the affidavit was improper. Unless you can show that the affidavit was false and based on intentional and knowing lies, quashing the warrant will be near to impossible.

    Admittedly, if that is the affidavit en toto (and no other supporting documents were submitted with the affidavit - and there might have been and you do not have them, then it is poorly formatted and lacks an assertation of the officer's training and experience. But it was apparently sufficient to pass muster with a judge. I imagine that your defense attorney will have nothing to lose by challenging the warrant at trial and praying he succeeds. Most do not, but you never know. The defense can also argue that the informant is the culprit if the facts can be twisted that way.

    - Carl

  4. #4
    Join Date
    Sep 2009
    Posts
    337

    Default Re: Is Probable Cause Adequately Established to Support a Search Warrant

    Homework? Where do you go to school?

  5. #5

    Default Re: Is Probable Cause Adequately Established to Support a Search Warrant

    Whew! Please let me clear some things up.

    I posted this thread in an effort to get YOUR feedback concerning the information this judge found convincing enough to support probable cause and grant a warrant. I assumed that it would be viewed and commented on based primarily and the question(s) I had in the initial post. My first question, the question that is in the title of this thread. DO YOU think this is sufficient to support probable cause? I am only seeking your personal opinions concerning the information I provided.

    I am aware and fully understand that a judge found this sufficient to grant the search warrant. I do not think I implied that he didn't. It wasn't relevant because it was YOUR opinion that I was seeking.

    I appreciate the guidelines, requirements, tests, etc. that a Judge generally needs to follow to find information provided by affidavit sufficient to establish probable cause. I do. But what I am interested in is YOUR opinion concerning the information I provided and whether you find it sufficient to establish probable cause. And if so, what and why? And if not, what and why?

    If I have posted this in the wrong forum or I am not following the expected format to post here, please let me know. If I have it was not intentional and I apologize to all.

    If I lead you to believe that the information I provided was the ENTIRE application, it was in error. I included the "Statement for Probable Cause" portion of this application. Naturally there was other information provided by the affiant and you can assume it to be sufficient to satisfy the requirements of the court.

    I really want to know what YOUR opinion would be if you were presented this information to support probable cause. I understand this is not legal advise and I certainly do not intend to hold anyone to any opinions given.

    Homework? Are you asking me if this is homework? Or did I suggest that this was homework? It's not...

    Thank you, again.

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