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To issue a search
warrant, a judge must find that the affidavit contains
probable cause to believe that the place to be searched
contains items connected with criminal activity. Probable
cause means substantial evidence, which can be based
entirely or partly on hearsay evidence. Hearsay is information
that originally comes from someone other than the person
relaying it. For example, when a police officer says
in an affidavit that someone told the officer certain
information, that information is hearsay. The person
who gave the officer the information is referred to as
an "informer."
For probable cause to be based on hearsay,
the hearsay must meet a two-part test. The judge must have
a substantial basis to believe both of the following:
- The source
of hearsay (e.g. the person supplying the information
to the officer) is credible, or believable. This
is sometimes known as the "veracity" test,
meaning that the informant can be considered truthful;
- The informer
has a factual basis for knowing the information provided.
This is sometimes known as the "basis of knowledge" test,
meaning that the information is grounded in sufficient
facts to be considered reliable.
Next is an exercise where you will determine whether an
affidavit that contains hearsay establishes probable cause
to issue a search warrant. To make this decision you must
evaluate the affidavit based on this two-part test. As the
affidavit must pass both parts, you can do them in any order.
Please click on one of the following to proceed in assessing
the affidavit:
Two-Part
Test:
A. Veracity
B. Basis of Knowledge
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