Can a cop present a search warrant for drug on an anonymous tip?

Question

This is in the state of Wisconsin

And what if they found NOTHING trashed my house and broke down my front down.

The judge did sign

Again they found NOTHING they were pissed but my bf had a marjuana charge seven years ago so i think they based it off of that

Answer 1

In my jurisdiction in WI, we typically wait until we recieve 3 tips whether anonymous or not. Once that occurs, a search warrant is requested. Either way, a judge has to sign it and authorize the warrant. Police executing a search warrant may force open a door if no answer is achieved unless it was a no-knock warrant where we don't have to knock or announce our presence. Whether they found anything or not doesn't matter as long as the warrant was signed by a judge.

Answer 2

1

Answer 3

It depends.

A search warrant must be based on probable cause. Probable cause exists when, a reasonably prudent person, considering the totality of the circumstances, would conclude that a search would discover evidence of a crime (the "Gates" test).

An anonymous tip is weighted in the totality of circumstance, considering the basis for knowledge and likely hood of truth fullness of the tipster (the "Aguilar-Spinelli" test).

With nothing but a short anonymous tip, it would be hard to make that standard. However, usually there is more. If the tip included details the police verified (the "Draper" case) , or if the tipster has provided good information in the past, then there probally is probable cause.

Finally, even if the judge blew it, the evidence might still be admitted if the police acted in good faith (the "Leon' case).

As for the door being crashed in, and your place trashed, you are likely out of luck. If the warrent was valid, then waht they did is likely ok.

Answer 4

A tip, even from a reputable elementary source, does no longer enable a search for with no warrant. No choose will challenge a warrant in keeping with a tip without important training about the source. If the service isn't recognize to the officer soliciting for the warrant, the choose received't even entertain an software in keeping with an uncorroborated tip. If it comes from a 'own informant', the choose would no longer require the informants call, yet they are going to require training about the historic reliability of the source.

Answer 5

In my city (Ontario, Canada) warrants can be obtained from informant tips. The informant must be a reliable source of information though (ie. has provided information that resulted in drugs being found and arrests being made in the past). The identity of the informant does not have to revealed.
A first time, completely anonymous tip, would not result in a warrant being issued, unless there is evidence that the police themselves collect to back up the information (observing drug transactions at the door of the house).

To the poster before me, please stop using caps lock, it is annoying.

Answer 6

I have taken several law courses on search and seizure adn they can absolutely not search on an anonymous tip. Police could just make up anonymous tips and search any house they wanted since anonymous means no-one has to come forward and stand behind the info. The police can act on an anonymous tip and maybe snoop around and look for some concrete info, but can totally not search on anonymous tips.

Answer 7

He can present a search warrant to the appropriate Judge, based on a tip.
The warrant isn't valid without a Judge's signature, period.

Answer 8

well in indiana as long as they had a source say confidential informant yes they can issue a warrant . here they just say on or about that he told them he saw drugs in Ex; bedroom, the informant here must have already to be considered reliable made 2 previous good buys from any other source including but not limited to you. it sound like maybe you are in a small town where bf is known or just known by the police who served the warrant. good luck

Answer 9

HE PRESENT IT BASED ON AN ANONYMOUS TIP. YOUR B/F WAS KNOWN AND THUS IT BECOME MORE CONCRETE THEN JUST A TIP. NOW WE HAVE A TIP WITH A PST M/O.

ONCE THE TIP AND B/F M/O COINCIDE WE NOW HAVE REASON TO BELIEVE THAT THIS COULD HAPPEN.

THE CHARGE IS WRITTEN UP AND TAKEN TO A JUDGE, MAGISTRATE OR JUSTICE OF THE PEACE AND REVIEWED FOR THE MERITS OF THE REQUEST TO OBTAIN A WARRANT BASED ON BELIEF AND KNOWLEDGE ABOUT THIS INDIVIDUAL.

MY ADVICE TO YOU IS GET ANOTHER BOYFRIEND. THIS ONE IS KNOWN AND WHO EVER TURNED YOU IN DOES NOT LIKE YOU WITH HIM. YOU ARE GOING DOWN WITH HIM.

Answer 10

A judge is the one who signs the warrant, and before he does it, he weighs the probable cause and credibilty of the person prviding the "tip".