Here's a couple of questions I need help with
The police in Midvale, Texas receive an anonymous phone call to watch out for a lime green Honda Civic with a dented front bumper. The anonymous caller says the Civic is transporting contraband narcotics hidden in the trunk. Officer Orville sees such a car passing through town. Does Orville have probable cause to stop the car and search the trunk??
Ratt is an informant who reports on criminal activity to Detective Sergeant Cuff. Ratt has given reliable and credible information several times which led to the lawful seizure of evidence and arrest of suspects.
Ratt phones Cuff and says, "I know who committed the jewelry store robbery two days ago. It was Dillinger. We were all playing cards at his place and he started bragging and showed us the stolen jewels."
A. Cuff cannot get a warrant since the information is uncorrborated
B. Cuff can get a warrant since he has probably cause
Can anyone help me?
2007-02-18 12:38:24 · 6 answers · asked by legallymexican 2 in Politics & Government ➔ Law & Ethics
For those of you that are helping me thank you very much. As for the others, don't answer a question if you have nothing else to say besides do your own homework. This is what Yahoo answers are for, so please don't answer it if all you have to say is do my own work. This is the first time I ask a question regarding school on here. I always do my own work and work hard to earn good grades.
2007-02-18 13:18:39 · update #1
They do not have probably cause to stop the car.
#1. Anonymous tips are often pranks. You need to be able to prove you have probably cause and an anonymous tip is insufficient.
#2. However, if the driver commits a moving violation or has a piece of required equipment out of order, such as a bad turn signal, the cops can stop the car for a moving or equipment violation. If a drug sniffing dog happens to be along for the ride and goes off on the car, then you have probably cause to search the trunk. (The dog is considered probably cause.)
Cuff can get a warrant as he has a name of a person supplying the information, one that has been proven to be reliable in the past. However Ratt will have to appear in court and give testimony as he is not just acting as an informant but as one who actually saw the stolen goods in the possession of Dillinger. This may put Ratt at risk as he work as an informant would be made known. It would be best if they could find other evidence linking Dillinger to the crime that would not rely upon the info supplied by Ratt. That way they can catch Dillinger and not reveal Ratt as the informant.
2007-02-18 13:07:24 · answer #1 · answered by forgivebutdonotforget911 6 · 0⤊ 0⤋
Not necessarily. The courts would have to look at several factors including whether the informant is someone who is known to be reliable, how many details they give, and whether there are any present facts than can corroborate the story. Just giving a description of someone and their location by an anonymous informant would not constitute probable cause unless other facts corroborate the story. If the police drove up to the house and can see a party going on from the public street or by walking up to the door, then that might be enough to go in and search though. But it all depends. Usually for an in-home search unless there is another exception, such as a medical emergency or hot pursuit, the courts like police to obtain warrants signed by a judge or magistrate. Sounds like a motion to suppress could go either way, depending. So get a good lawyer if you want to fight this. One that writes good criminal motions.
2016-03-29 02:02:48 · answer #2 · answered by Anonymous · 0⤊ 0⤋
My husb is a justice court judge. I asked him this question. If someone calls him say tonight and tells him drugs are being sold right now out of a certain house, he then can call the sheriffs office and sign a probable cause warrant for a search of that house....so yes an anonymous called can warrant a probable cause search
He would not be able to hear the case in his court though it would have to be assigned to another judge
2007-02-18 13:00:30 · answer #3 · answered by Gypsygrl 5 · 1⤊ 1⤋
read the book---I'm sure he can pull over green civic for some reason, and anyone with dope in the car acts suspicious so there's your search
2007-02-18 12:45:59 · answer #4 · answered by Anonymous · 0⤊ 2⤋
Practice for your bar exam/crim pro class on your own time.
2007-02-18 12:43:46 · answer #5 · answered by TLBFH 3 · 1⤊ 3⤋
Do your own homework...
2007-02-18 13:09:59 · answer #6 · answered by phoenixbard2004 3 · 0⤊ 2⤋