|
In this exercise, you will
determine whether the following affidavit supports the veracity of
the informant. After completing this portion of the exercise,
you will assess whether the affidavit meets the "basis
of knowledge" test. (You may want to print this page
for easy review of the affidavit.)
This affidavit is submitted for
a warrant to search 1106 South Cahoon for evidence of
illegal activities by John Doe. A police officer (the "affiant")
has made these statements and sworn to the affidavit
under oath. Read the affidavit as a whole and answer
the question that follows. (This affidavit is quoted
from a New Mexico Supreme Court case.)
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.
Does
the affidavit establish the veracity (credibility)
of the informant?
|
|
