Home     Law Advice     Insurance Advice     Community    
Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
Go Back   FreeAdvice Legal Forum > CRIMINAL LAW & PROCEDURE > Arrests, Searches, Warrants & Procedure

Powered by Attorney Pages


  Find An Attorney In Your Area    
 

Reply
 
LinkBack Thread Tools Rate Thread Display Modes
  #1  
Old 07-10-2005, 01:20 AM
Junior Member
 
Join Date: Jul 2005
Location: Los Angeles ,Ca
Posts: 2
Exclamation

Snitch or Informant: probable cause in California?


Probable cause to search" the police can obtain information from:
Confidential Informant - i am familiar with this term, meaning a person who is reliable, credible source, and has snitched before successfully. From what I understand, this source's word alone is probable cause.

Untested Source of Information - this is the question. Is there a difference regarding this kind of snitch to the validity of probable cause. Im assuming the source has never been an informant and the police do not know if what they say is credible - untested.

Motion to Discover:
is it easier to reveal the untested sources identity? or is it just like a C.I.?
Do I have to go to trial to find this information?
  #2  
Old 07-10-2005, 02:22 AM
Senior Member
 
Join Date: Apr 2004
Location: Bay Area, CA
Posts: 10,190
I'm stumped.
__________________
It is our unanimous opinion that you are damn right and it should be obvious to any moron that your (ex) (SO’s ex) (boss) (landlord) (local police) should be immediately (jailed) (fired) (reprimanded) (arrested) (demoted) (shot) (evicted).
In fact, you are so astonishingly correct in this matter, it will not surprise us one bit if you are offered a generous settlement, because, by golly, that’s just how it should be.

You Rock,
Love,
Us
  #3  
Old 07-10-2005, 08:45 AM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,343
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Quote:
Originally Posted by 11378sfv
Probable cause to search" the police can obtain information from:
Confidential Informant - i am familiar with this term, meaning a person who is reliable, credible source, and has snitched before successfully. From what I understand, this source's word alone is probable cause.
It might be ... but going solely on the word of a CI to obtain a warrant is dumb. And the CI's word might be sufficient to get a warrant, but it is generally NOT going to be probable cause for an arrest at the scene.


Quote:
Untested Source of Information - this is the question. Is there a difference regarding this kind of snitch to the validity of probable cause. Im assuming the source has never been an informant and the police do not know if what they say is credible - untested.
Yes, there is a difference. This source is not going to be relied on in an affidavit.


Quote:
Motion to Discover:
is it easier to reveal the untested sources identity? or is it just like a C.I.?
Do I have to go to trial to find this information?
You would have to go to court. If they do not need the source's testimony to make the case, then they are not going to reveal him.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #4  
Old 07-10-2005, 09:21 AM
Senior Member
 
Join Date: Jun 2005
Posts: 2,406
The search warant is sealed as far as the ID of the CI is concerned.

Your attorney can bring a motion to disclose the ID and the Judge will decide whether the ID should be given.

Your chances are slim to none that the CI will be named, but you'll spend a lot of money trying.

Why don't you spend your money defending your case instead of going after the CI ? The State/Feds will prove up the case without the CI; or, plead your case out and get on with cleaning up your life.
  #5  
Old 07-10-2005, 10:27 AM
Senior Member
 
Join Date: Feb 2003
Location: California
Posts: 18,343
Send a message via AIM to CdwJava Send a message via Yahoo to CdwJava
Oh, and based upon your moniker of "11378sfv" I'm going to guess that you got popped for sales of some pretty serious stuff ... meth., perhaps?

Instead of trying to find out who ratted you out, maybe you ought to look at making a deal as Garrula suggests.

Get an attorney ASAP.

- Carl
__________________
A Nor Cal Cop Sergeant

"Make mine a double mocha ...
And a croissant!"

He Who Kneels Before God
Can Stand Before Anyone

....author unknown
  #6  
Old 07-10-2005, 10:41 PM
Junior Member
 
Join Date: Jul 2005
Location: Los Angeles ,Ca
Posts: 2
Arrow

thanks for the input..


I do have an attorney - Im not going to waste time with that discovery, thats why I asked the question here.. ( I know who it was anyway) but its not a C.I... but an untested source of information.. Im not on probation, I was pulled from a car and arrested - I believe without probable cause.. but the false info on police report fixes all their illegalities. And I will be dealing with mine.. thanks
Reply



Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is Off
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On
Forum Jump

All times are GMT -5. The time now is 03:58 AM.



IMPORTANT NOTICE
THE VIEWS EXPRESSED ON THIS PAGE WERE NOT REVIEWED BY THE EDITORIAL STAFF OR ATTORNEYS AT FREEADVICE.COM. Thousands of professionally prepared and reviewed questions and answers in 130 legal categories are to be found at the Question and Answer pages at FreeAdvice.com.

F
reeAdvice Forums are intended to enable consumers to benefit from the experience of other consumers who have faced similar legal issues. FreeAdvice does NOT vouch for or warrant the accuracy, completeness or usefulness of any posting or the qualifications of any person responding. Use of the Forums is subject to our Terms and Conditions which prohibit advertisements, solicitations or other commercial messages, or false, defamatory, abusive, vulgar, or harassing messages, and subject violators to a fee for each improper posting. All postings reflect the views of the author but become the property of FreeAdvice. Information on FreeAdvice or a Forum should not be relied upon and is not a substitute for advice from an attorney licensed in your jurisdiction who you have retained to represent you. To locate an attorney visit AttorneyPages.com. Copyright since 1995 by Advice Company. All Rights Reserved.