Anonymity and Probable Cause

[tj1320]

What is the name of your state (only U.S. law)? New Mexico

Would a very detailed, anonymous letter to the police constitute probable cause for them to search a home? If not, what would need to be done to maintain the informant's anonymity AND give the police enough information to obtain a search warrant at the same time?
Thanks.

[xylene]

Originally Posted by tj1320

What is the name of your state (only U.S. law)? New Mexico

Would a very detailed, anonymous letter to the police constitute probable cause for them to search a home? If not, what would need to be done to maintain the informant's anonymity AND give the police enough information to obtain a search warrant at the same time?
Thanks.

Why don't you flesh this out a little. The whats and whys. For instance who you are in this scenario. The informant or what?

[tranquility]

This is a very Circut, state and fact-sensitive question. As a general answer, no. An anonymous tip is not going to reach probable cause. However, it wouldn't take much investigation to bring up some facts in confirmation of the tip which could be probable cause.

[tj1320]

Yes, I would be the informant in this case. It involves someone who I thought was a friend and lots of illegal drugs. I know exactly where it is in the house; that is why I was thinking of sending a very detailed letter in hopes that they wouldn't just throw it away and disregard the tip. I cannot be named in this, though. The guy or his friends would make sure I'm fish food if they found out. I must remain anonymous. If I can't then I guess I can't help the police.

Maybe it wouldn't constitute probable cause, but would it be enough for a knock and talk? I'm almost certain the guy is dumb enough to consent to a search if the police asked. Then, with the tip I sent, they could go directly to the location named and find the drugs.

I feel like I'm a criminal because I haven't already called the police but I also have to think of my personal safety. I found this information out because I was staying at the guy's house for the weekend a couple weeks ago. I ran out of toilet paper in the bathroom so I started looking for it. Needless to say, I found a hell of a lot more than toilet paper.

[tranquility]

Knock and talk? Getting fancy with your terms now aren't you?

Nothing is necessary for such a thing beyond convincing the police to do one. They're pretty busy and, unless you're talking about some weight, they will probably not care too much.

[tj1320]

Okay then, not a knock and talk. How about them requesting a search? LOL I don't know what the terms are.

Anyway, I'm not sure how much was there but I know there were several gallon sized freezer bags full of marijuana. I also saw some little tied up sandwich bags in a quart mason jar with a cream or white colored substance inside them. I'm assuming that is meth, crack, heroin, etc.

So if I put those details in a letter and sent it to the cops, do you think they would be too busy to care? I would think that would raise their eyebrows a bit. I know it raised mine.

[tranquility]

Knock and talk was correct, it's just a specific term that people who don't look at forth amendment law much know.


As to if the cops care, remember, you saw it. What the cops see is a disgruntled person trying to get back at someone for some reason and who wants to remain anonomyous. They have no idea if this double secret probation letter is true or a lie.

[CdwJava]

Most agencies would forward this letter to their narcotics folks. They might use it as a "tickler", and might then decide to ask a few questions as to who lives there and what they might be up to, but unless they have little to do, an anonymous tip is not likely to result in a search. Now, some agencies DO follow-up on these things with a "knock and talk". San Jose PD used to do that and they used to get consent searches in 75% of these instances, and were able to uncover evidence of possession or sales in about HALF of those. So, the local agency just might follow-through with it. Mine probably would.

But, whether they will take the time depends on the nature of the drugs, when they were seen, how specific the info is, manpower, etc.

- Carl

[xylene]

Originally Posted by tj1320

If I can't then I guess I can't help the police.

Looks like you have your answer.

[tj1320]

Originally Posted by CdwJava

Most agencies would forward this letter to their narcotics folks. They might use it as a "tickler", and might then decide to ask a few questions as to who lives there and what they might be up to, but unless they have little to do, an anonymous tip is not likely to result in a search. Now, some agencies DO follow-up on these things with a "knock and talk". San Jose PD used to do that and they used to get consent searches in 75% of these instances, and were able to uncover evidence of possession or sales in about HALF of those. So, the local agency just might follow-through with it. Mine probably would.

But, whether they will take the time depends on the nature of the drugs, when they were seen, how specific the info is, manpower, etc.

- Carl

Thanks. The letter would be very detailed. I would hope they would do something about it or there is something wrong with our police. If I received a letter in the mail saying that something was going on with my kids, wife, property, etc. I would damn sure check it out. I hope they do in this case. I'm sure they will make a trip to the guy's house, he will not know his rights and he will let them in, then they will bust him with all that crap.

[CdwJava]

Originally Posted by tj1320

Thanks. The letter would be very detailed. I would hope they would do something about it or there is something wrong with our police. If I received a letter in the mail saying that something was going on with my kids, wife, property, etc. I would damn sure check it out. I hope they do in this case. I'm sure they will make a trip to the guy's house, he will not know his rights and he will let them in, then they will bust him with all that crap.

Maybe.

But, depending on your state and how busy the local cops are, a marijuana dealer may not be a high priority. Plus, as I said, they have to rely on consent. If this guy has half a brain, he'll decline. If his name has popped up before, maybe they'll hold onto the info and do a little surveillance.

But, here's the rub. The police know someone wrote the letter ... they know someone is going be keeping an eye out ... that makes a covert op kinda risky because the letter writer might compromise it.

So, do not expect them to act on it (at least openly), but, they might.

- Carl

[tj1320]

Would a picture with the letter make any difference? The guy doesn't know that I know about it so I could hang out with him for a while and get a picture. I could discreetly take a picture of the drugs, the garage and then a picture of the front of the house. Maybe that will give them a little extra motivation. It isn't a small amount and I think the picture would catch their attention. If I had to guess, I would guess that there is several pounds of it. That, and whatever is in the mason jar.

[Zigner]

Perhaps your time would be better spent finding different people to associate with...
(It's pretty dangerous to play undercover agent with drug dealers.)

[Slammedtgs]

Well, what is the worst case here.. Write the letter - type it. Mail it to the police dept.. Do leave a name, no return address ect.. either they will look into it ,or they will ignore it.. But they wont know who sent it.

[InsaneJane]

Sounds like you (or the cops) planted a bunch of dope in someones house in the hope that they would think they were clean and a search would clear their name.
Your story has a bad smell to it!