Is a warrant valid if obtained based on third party say-so?

Question

There is a statute in GA law that allows for third party testimony if they know from first hand experience or knowledge, meaning: if I know the victim and they told me that something happened, I can testify to that as I was told directly from the victim. But, let's say the victim tells my friend something and they come back and tell me, I cannot testify to that because I did not hear it firsthand from them.

Does this apply to police officers asking the judge to grant a warrant?

I'm asking because this is what happened to my husband. There was a police officer that asked someone who had talked to the "supposed victim" and they said that they told them something. The person shared this information with the police officer, but the police officer never heard it directly from the "supposed victim."

Was it legal for that police officer to sign a sworn affidavit attesting the fact that he knew from his own personal knowledge that a crime occurred, when he was never told this by the victim

Answer 1

I'm sure if the judge signed it, he was satisfied that there was probable cause.

Answer 2

If a judge or magistrate signs the warrant it is valid and enforceable by LEO. Your only redress is to get a competent attorney and attack the validity of the information the warrant is based on in court. Good luck on that. The legal system is America is essentially about administering law. If justice actually occures it is an unintended and accidental byproduct of the legal process.

Whether or not the source of the information that caused the warrant to be issued is factual or not is a separate issue from the validity of a warrant once issued.

Answer 3

A warrant must only be issued when the judge personally examined a person who has direct knowledge of a crime and not a third person even if a police officer.

Answer 4

Sweetheart you've got quite the problems tonight. Sounds like your husband is more than just a victim of the system and may not be getting a raw deal after all.