Is hearsay enough for a search warrant?

El Scott

Whenever an Officer wants a search warrant he/she must present probable cause to a judge with jurisdiction over the area to be searched. The probable cause may be witness statements, the officer's personal observations, video evidence, seized contraband, etc. The judge will then decide if that probable cause is enough to grant the search warrant. So, to answer your question, if the judge determines that statements from a witness (or several witnesses) is enough for a search warrant then yes it is enough. I have secured a search warrant based solely on a person's statement to me that they saw drugs inside a container-articulation and timeliness counted too.

Hearsay, is something generally referred to at trial. People may be arrested based on people's statements and warrants can be obtained based on people's statements. I, however, can't testify to something in court that is not my own personal knowledge (that's what hearsay is).

Ramona-please step back!

If a judge thinks it is

jack5590

Yes. Only a judge can sign off on a search warrant. The information needed for a search warrant must come from a reliable source and does not fall under the "reasonable doubt" needed for a later conviction. A warrant is not needed for personal searches, searches of immediate areas following an arrest, or "in plain sight" of illegal contraband or activities.

Yellabowley

Yes it can be. Hearsay is basically somebody stating something they have heard from another and do not know personally.

If a number of police sources hear of an address that is used for dealing, and they are reliable sources then that hearsay evidence may be enough to convince a judge.

The bottom line is if you go to a judge, present the evidence and they grant it then it's enough. Whatever the evidence.

In any case there will usually be some form of corroboration to back the hearsay up.

STEVEN F

Hearsay means I hear someone else say something, then say that something as if I know it is true. If I report that I actually know something, that is NOT hearsay. I am 90% sure that the warrant was NOT based on hearsay. That said, the standard for obtaining a warrant is NOT the same as the standard for presenting evidence in court.

ohGr

Maybe not enough for a search warrant but enough to get a knock on the door if you're accused of the right thing in the right way.
Example : I heard people fighting in the house.

eyecue_two

Hearsay is anything that is not said in a court of law. With that being the case, no it is not allowed. There has to be some things that link the testimoney to the reason that a warrant is being sought. In the case of an informant, the informant has to have been proven reliable in some other instance.

Earl H

no not at all they have to get it approved beyond a reasonable doubt

To obtain a search warrant, an officer must personally appear before, or speak directly with, a judge or magistrate. The officer must present information that establishes probable cause to believe that a search would yield evidence related to a crime. Probable cause exists when an officer has either personal knowledge or trustworthy Hearsay from an informant or witness. The officer must fill out an Affidavit stating with particularity the person to be seized and searched, the area to be searched, and the objects sought. The warrant need not specify the manner in which the search will be executed

bigshowdsp

No, they have to have probable cause

Cindy

No, since the police have to have evidence that a crime is being committed in order for them to be able to obtain a search warrant of any kind.

If there is no proof of a crime then there is no search warrant.

I hope this helps you out.

bob

yes. search warrants can usually be obtained for no reason. they just take longer to get a Judge's approval than one that has a good reason. no probable cause is needed for a search warrant. probable cause is needed to enter your house without a search warrant which, despite common belief, they can do.

say for instance they are at your neighbors house and they smell weed from yours they can enter without your permission

Kracker

yes..since your a black man..you should know that..your born guilty in this country if you born black or non white..power to the people my brother..freedom isnt free..

K W

NO! In order to obtain a search warrant, the judge has to sign off on it. You have to have probable cause and facts. The judge will NOT sign a search warrant on hearsay!

janet h

no hearsay is not even admissible in court.

Mr. Goodhi

Yes,

with the Patriot Act the cops can do just about anything.

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