Search/arreest Warrants

Question 1

What is the two pronged test for to use an informant’s information to obtain probable cause for a search warrant?

Answer 1

(1) that the informant spoke from personal knowledge (known as the “basis of knowledge” test) and (2) that the informant was reliable (known as the “veracity” test.

Question 2

What is a “Rivas motion?”

Answer 2

In Rivas, the court ruled that the defense is entitled to “discover” the documents pertaining to the informant’s past performance (such as police reports, his “rap sheet,” cases pending against him, promises made, etc.) and established an in-camera review procedure so that the trial judge can protect the informant’s identity.

Question 3

What determines whether information is “stale” on an affidivit?

Answer 3

1) the facts of the case,
(2) the nature of the unlawful activity (continuous or ongoing activity makes promptness less urgent), and (3) the type of property for which authority to search is sought (a small, consumable amount of drugs requires swifter action than stolen property or weapons generally would)