Hearsay Two-Part Test: Basis of Knowledge

This is the second part of the two-part test to establish probable cause based on hearsay. In the first part, you determined the veracity of the informant. Before you can accurately decide if probable cause exists, you must also determine the factual basis for the information furnished, referred to as the "basis of knowledge" test. (You may want to print this page for easy review of the affidavit.)

The affidavit * submitted to secure the search warrant in this case stated the following:

Affiant states:

1. That within the last 24 hours, Affiant has been contacted by a Confidential Informant, who advised that a subject driving a red Chrysler Cordova with Texas Plates, was currently selling heroin at a residence at 1106 South Cahoon. That Subject John Doe was from out of town and had brought the heroin in.

2. That Said Informant stated that subject was a [S]panish male, approximately 6-0 tall, weighing a little over 200 pounds, having black hair and did have some tattoos on his person.

3. That Said Informant did state that through personal knowledge, several heroin users had been to this residence.

4. That Said Informant has furnished information to Affiant in the past which Affiant did find to be true and correct through personal knowledge and investigation.

5. That based on the information provided by Said Informant, Affiant did drive by the residence and did observe the red Cordova which did have a partial white vinyl roof. Description and the trailer house next to the house are the same as stated by Informant. Also, on checking utilities, it was learned that a Carol Cordova resided there.

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*(The affidavit is quoted from a New Mexico Supreme Court case.)