Search warrant
A search warrant is obtained by law enforcement officers prior to searching a private person’s property or effects as part of the protections offered by the Fourth Amendment. A search warrant is issued by a judge to authorize an officer to search certain location and seize certain items. For Officer Careful to obtain a valid search warrant, he needs to file for the warrant in good faith. In this case, the officer is filing for purposes of valid enforcement pursuits which is therefore in good faith. Further, the warrant needs to be based on reliable information that reveals probable cause to search. Another component of a valid warrant is issue by a neutral judge who is detached from the issue at hand. The warrant also needs to be specific on the place to be searched and the items to be seized.
To obtain a search warrant, officer Careful needs to sign an affidavit. This is a written statement made under oath reporting an officers observations or those of private citizens or informants. The affidavit contains details such as the name of the officer, the date they received information on the suspected illegal activity and who informed them on the same. The affidavit may also contain any further activity by the officer in a bid to cement the informant’s claims. In this case, Officer Careful is relying on the observations of an informant who is no longer anonymous. This raises several issues. The first is informant discrepancies. Probable cause requires a man of reasonable prudence to believe that the known facts point to the belief that evidence of a crime may be found. However, the belief is not absolute and it should be subject to doubt. The informant may overestimate the amount of drugs found at the residence to be searched. Further, the informant needs to be credible enough or in touch with the suspects to obtain information to ascertain that the substance is cocaine. Given the informant has not bought the drugs o facilitated its transport, there is room for doubt regarding the information they provide. Officer Careful may therefore find it difficult to establish probable cause before a judge.
The Gates Test may be employed in this case. This test is based on the overall circumstances involved. Its application in this case would require the officer to follow up on the informant’s tip and conduct their own investigation. Once the officer corroborates the informant’s claims by observing the suspects engage in suspicious activity, they can present this observation in an affidavit. A judge is more likely to grant a search warrant after examining the situation and subjecting it to the Gates Test successfully. In this case, the informant’s words alone do not justify probable cause but the follow up investigation by Officer Careful provides additional grounds for probable cause.
Another issue that may arise in the quest for a search warrant is the nature of the informant. Officer Careful has no history with the informant. The informant also seeks to remain anonymous in any subsequent documents where their input is outlined. The informant is also not seeking financial compensation if their information leads to an arrest or conviction. This places further doubt on the informant’s claims. It is therefore difficult to determine their reliability without establishing their motive or having a history of successful cooperation with them. Without subsequent investigation that allows Officer Careful to obtain fist hand information on the drug distribution conspiracy, a judge may not find grounds for a probable cause. Once the officer obtains a search warrant, they must present it to Batman and Robin before proceeding with search of the premises.