1. Ryan Elder
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    Ryan Elder Contributing Member

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    Is hearsay evidence enough to get a search warrant if the source is credible?

    Discussion in 'Research' started by Ryan Elder, Aug 10, 2016.

    For my story, two cops decide to go out and investigate a suspect on their own. The suspect is no an official suspect, but one of the cops has a hunch, and that's it. So he persuades the other to go along with it. However, if the cop with the hunch is killed, and the other police are trying to investigate who did it, what if the other cop comes to his superiors and say that there may be a suspect but it was just the dead cop's hunch, based on nothing more than the dead cop saying he had a hunch, is that enough to get a warrant to search the suspect's property, or do any further investigating?

    Or is it not, since it's just hearsay which came from a cop who is now dead, and has no more evidence to offer? In order to get a warrant, one needs probable cause, right? But does this legally count?
     
  2. theamorset
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    theamorset Contributing Member

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    So you want someone to do legal research for you?
     
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  3. Ryan Elder
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    Ryan Elder Contributing Member

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    No, it's not that, it's just I cannot find an answer on this particular scenario, as different cops I have asked, all of something different to say about it. So I thought maybe I should get more opinion, if that is okay.
     
  4. theamorset
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    theamorset Contributing Member

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    How many cops have you asked and what did they say?
     
  5. big soft moose
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    big soft moose Active Member

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    seriously can you not use google - https://en.wikipedia.org/wiki/Hearsay_in_United_States_law

    In essence hearsay is inadmissable under US law in this circumstance unless it was either a dying declaration (the officer concerned knew he was dying and made the declaration to more than one witness) , or prior testiomony.

    That said a "hunch" is not evidence even if it was sworn testimony/dying declartion because you are just saying "so and so thought this was the case" which is not enough to get a warrant but would get you laughed out of chambers if you were silly enough to try it

    To be admissible as evidence it would have to be along the lines of "Officer dibble told me in a dying declaration that he had witnessed top cat stealing milk bottles on 33 occasions, and that that low down dirty puss cat shot him 6 times with his magnum .44 when he tried to aprehend him for said theft " you'd also need a sworn afidavit from the other witness who saw present when officer dibble made that declaration and from the paramedic who told officer dibble that he was dying

    Just saying " Officer dibble thought it was probably top cat behind the milk thefts, but um you know theres no actual evidence of that" doesnt cut it

    I would be amazed if any serving or retired police officer or lawyer told you different
     
    Last edited: Aug 22, 2016
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  6. jannert
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    jannert Contributing Member Supporter Contributor

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    I just went to Amazon.com and searched for police procedures for writers. There is a huge list of books that might give you the answers you're looking for @Ryan Elder . Here's a screen shot of just the first four entries. Do keep in mind that police procedures will vary from state to state and even locally. However, I'd strongly advise you grab one of these. The one about the small town police looks particularly promising, doesn't it?

    police.png
     
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  7. big soft moose
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    big soft moose Active Member

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    Theres also a shed load of police forums ( searxch Police forums and your state) =- be aware however that most of them will tolerate the occasional post by non cops, but they will be pretty scathing (far more so than people are here) about daft questions, implausible story lines , and repetition of what has already been asked.

    You can also contact your local PD or Sherrifs dpt and they may be helpful (if they think you are serious and you don't irritate them)
     

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