search warrant invalid ? charge dismissed due to insufficient evidence

[jaxxxx]

Police charge someone with an offence. Police then use that charge as grounds to obtain a search warrant. Later on during court proceedings the charge is dismissed due to insufficient evidence as part of a plea agreement. If there was insufficient evidence to proceed to trial does that mean there was insufficient evidence to charge that person with the offence used to obtain the search warrant ? Would this make the search warrant invalid ?

 

[CdwJava]

Police charge someone with an offence. Police then use that charge as grounds to obtain a search warrant. Later on during court proceedings the charge is dismissed due to insufficient evidence as part of a plea agreement. If there was insufficient evidence to proceed to trial does that mean there was insufficient evidence to charge that person with the offence used to obtain the search warrant ? Would this make the search warrant invalid ?

While there might be insufficient probable cause to proceed with a criminal charge, that does NOT automatically mean that there is insufficient probable cause to sustain a search warrant. The details in this situation would matter ... as would the state.

Perhaps you would care to elaborate a bit?

 

[jaxxxx]

I agree with you. sufficient evidence obtained by police to charge someone is distinct from sufficient evidence required to prosecute from that charge. police would probably obtain advice from counsel as decide if the evidence is sufficient to proceed to charge.

 

[FlyingRon]

What state are you in?
Are we talking about the US? You spell things with British variants of spelling and use awkward phrasing.

The "police" have advice by counsel because except in trivial cases, the police do not PROSECUTE. We have attorneys called prosecutors that do that.

Moreover, sufficient PROBABLE CAUSE to obtain a search warrant is different from PROBABLE CAUSE to charge someone which is way different than BEYOND A REASONABLE DOUBT to convict someone.

 

[swalsh411]

Police charge someone with an offence. Police then use that charge as grounds to obtain a search warrant.

FAIL. Charging a person with a crime is not probable cause for a search warrant. If it were then all the police would have to do is charge a person and that would be enough to get a warrant.

 

[CdwJava]

I agree with you. sufficient evidence obtained by police to charge someone is distinct from sufficient evidence required to prosecute from that charge. police would probably obtain advice from counsel as decide if the evidence is sufficient to proceed to charge.

They rarely get advice from counsel before making an arrest. Unless the arrest is based upon an arrest warrant, the police develop their own probable cause independent of the prosecuting attorney ... at least in the United States.

 

[jaxxxx]

Search warrants are granted on probable cause there are items/property connected with an offence charged. If that offence is later dismissed that would mean the search warrant is invalid because there is now no offence connected to the search warrant that entitles probable cause for the said items/property. Would this assertion be correct ?

 

[CdwJava]

Search warrants are granted on probable cause there are items/property connected with an offence charged. If that offence is later dismissed that would mean the search warrant is invalid because there is now no offence connected to the search warrant that entitles probable cause for the said items/property. Would this assertion be correct ?

No. No offense need be "charged."

No arrest need occur for there to be probable cause to support an application for a search warrant. An arrest can be tossed for any number of reasons, and unless the arrest is the SOLE reason for the warrant and the arrest and any evidence obtained as a result of the evidence is ruled inadmissible, then the PC for the search warrant might still be good.

 

[jaxxxx]

The SOLE reason for the search warrant was based on items/property CONNECTED to a charge. The charge is later tossed. If the evidence obtained from that warrant is ruled inadmissable because there is now no charge CONNECTED to the search warrant I don't see how the warrant could still have PC. The decision on inadmissability would be whether the insufficent evidence the reason the charge was tossed was also insufficient at the time to proceed with the charge initially.

 

[justalayman]

You aren't understanding several things:

1. this is a US based forum. UK law can be and likely is a very different issue.
2. schoolwork is something the student is supposed to do so they learn the lesson
3. again, there needs be no crime charged to obtain a search warrant so arguing since the charge was tossed, the search warrant is invalid is incorrect. A warrant is based on probable cause of a crime. Probable cause does not mean definitive proof.

 

[CdwJava]

Without details and a state to accompany the scenario, there is no way to adequately address your question.

Once more, after I and justalayman said, the admissibility of probable cause for a search existence need NOT require a criminal charge related to the affidavit/petition be sustained. If the evidence leading to the search warrant was suppressed as a result of a bad arrest, then maybe ... otherwise, maybe not.

 

[CavemanLawyer]

A prosecutor dismisses a case due to insufficient evidence because they feel there is insufficient evidence to prove the case beyond a reasonable doubt... which is an exceptionally higher standard that what is needed for probable cause to execute a search warrant or to arrest somebody. Also as you said, the dismissal appears to be part of a plea bargain to another charge. The dismissal absolutely in no way changes anything about probable cause for the search warrant. A search warrant always must stand on its own based on the facts alleged in the affidavit, and the standard for probable cause is very low.

Think about it.... would you expect a person to be able to sue for unlawful arrest (because no probable cause for arrest) every time their criminal case was dismissed?