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shadefoot

I think Niteshift has posted saying he doesn't know of any judges who would sign a warrent on the evidence of just one person, even if that person was an LEO. If I remember correctly, he said it would probably take 3 people corroborating, according to his experience.

But he can certainly speak better for himself than I can speak for him.

Niteshift? (or Slate?)

 

Niteshift

"I think Niteshift has posted saying he doesn't know of any judges who would sign a warrent on the evidence of just one person, even if that person was an LEO."

Not exactly. If I make a hand to hand buy from a guy, almost any judge will sign that warrant. Further, at least in this state, probable cause is transferable. So if another cop makes a buy, I can get a warrant based on his statement to me.

In the example above, most likely a judge won't issue a warrant. There is a case that kind of deals with this issue. I'm pretty sure it's Alabama v. White. In that case, a car was stopped based on info from an anonymous informant. The info turned out to be good, but the evidence was suppressed.

However, if an informant has a proven record of reliability, a judge may go with it, depending on how specific the info is.

Generally speaking though, in most cases, no warrant would be issued based on what was given above.

Greenman

Keep in mind that a warrent must "and particularly describing the place to be searched, and the persons or things to be seized."

NS, How specific does it have to be? Can it just be a persons house, or does it have to go into specific rooms of the house.

Also, it is my understanding that if a police officer searchs a location that cannot hold the substance the police officer is searching for (listed on the warrent) the evidence would be suppressed.

Example. A cop is searching for guns, and during the search looks inside a thermos and finds 2 ounces of cocaine. Since a gun could not normally fit inside of a thermos the cocaine cannot be gathered as evidence. Although I imagen an easy route around this for the police is not to say what you are searching for (in the event of a warrentless consentual search) or to have "Firearms and Drugs" Listed on the warrent.

That is another question. Is it suffecient to say "Drugs" on a warrent, or do the individual drugs have to be listed?

Peace.

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Niteshift

"How specific does it have to be? Can it just be a persons house, or does it have to go into specific rooms of the house. "

That depends on the situation. Usually it will be the entire house. But it could be limited.

For example, say there is a 3 bedroom house. Living in the house is the owner and 2 rent paying boarders, each with their own room. There are locks on the doors of the bedrooms. If I'm getting a warrant concerning one of the boarders, it would be for his room and the common areas he has access too (kitchen, bath etc). Unless I had specific reason, the warrant would not apply to the rooms of the other boarder or the owners bedroom.

Also, we will commonly specify in the warrant that the search cover the curtilage of the property and any buildings or cars adjacent to it.

"it is my understanding that if a police officer searchs a location that cannot hold the substance the police officer is searching for (listed on the warrent) the evidence would be suppressed. "

That's basicly correct. The real important thing, for this forum at least, is that looking for drugs will allow us to long almost anyplace you can imagine.

"Is it suffecient to say "Drugs" on a warrent, or do the individual drugs have to be listed?"

Our warrants usually read "drugs or other items prohibited by Chapter 893 or possessed in violation of said Chapter to include paraphernalia". We would then include anything else we needed;; for example if we thought the guy was a dealer, we'd add language that would allow us to seize sales records, packing material, computer files etc.

manos

Rajunk, at least in my country, cops have diffrent ID cards than civilians. Ask him to show you his ID card, not to read anything, just to see it's the same as yours... And If he says he's undercover, he will not SELL you a few grams... They save that for bigger busts... He could be charged for dealing, even if he's a cop. Now driving in the influence, no, you don't drive better, you drive SLOWER and more CAREFULLY, because you're afraid you might split your head in two...

 

huntcc02

oh man I hate driving when high!!! I get so paranoid, and tense, I just want to drop onto a couch and relax. Plus I don't think it makes you drive better. Certainly more cautiously, but not better. I have never been in an accident (Im only 16), but I have had 2 "incidents," one spin out in snow, and one time when I popped a curb. Now in retrospect, it was EXTREMELY icy for the first one, and that could have been the reason. And for the second one, a lane ended while I drove through an intersection, and there was no notice of it at all. I drove through the same intersection again sober, and almost popped the same curb. But the fact is, I am sure the fact that I was high as a kite for both incidents didn't help at all. Oh well.

Ganja Warrior

In CA, and federally, U/C officers cannot use drugs unless it is a matter of life and death. Some agencies train their officers to "simulate" using drugs in various fashions, but DEA and BNE do not even allow that.

There are various stratagems used to avoid using drugs during a buy, but the bottom line is you walk away if the buyer/seller insists on you using the product.

Should an officer ingest drugs, most agencies require them to go to the ER, document the exposure, and take 4850 Time (workers comp).

huntcc02

damn then I would love to be an undercover cop. Just tell your higher-up "umm.... yea I.... accidentally, smoked a huge bowl of pot on that deal, I think I am gonna need some worker's comp time....... and I will also need that brick of pot that we just confiscated." That would be great.