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Question
QUESTION: What does it take for police to get a legal california search warrant for drugs. I have heard at least one buy has to made for drugs or your house has to be watched for at least 3 months.
ANSWER: Dear Paul,
The police only need probable cause to request a search warrant which is issued by a neutral and detached authority, usually a magistrate.
Probable cause is when the facts and circumstances, being both reasonable and trustworthy, are sufficient to warrant the belief that a crime has been or is being committed. Probable cause is what would lead a person of reasonable caution and prudence to believe that a person, evidence, or contraband related to a crime is in a specific place at a specific time. In most cases of lawful search and seizure, a law enforcement officer must show probable cause to a judge in order to obtain a search warrant or an arrest warrant.
The Fourth Amendment of the United States Constitution states that, "the right of the people ... against unreasonable search and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath and affirmation." This right protects people from searches which are not preceded by probable cause. Probable cause, however, is not defined by the constitution and is subject to judicial interpretation. This means that a judge has final discretion over what does, and does not, constitute probable cause.
For a judge to issue a search warrant, probable cause must show that it is more than likely that a crime took place and specific items and people involved in the crime are likely to be found at a certain place at a certain time. Probable cause must be based on oath and affirmation, as stated in the constitution. Often an affidavit will provide probable cause that fulfills these requirements. An affidavit is a written statement made by police or private citizens under oath that establishes probable cause beyond suspicion.
Any information that is provided in an affidavit may be considered reliable when the informant: has been previously established as a reliable source, implicates themselves in the crime, provides information that is at least partially verified, is the victim of the crime, is a witness to the crime, or is an officer of the law. In most cases, when a reliable informant provides information about the likelihood of facts and circumstances related to a crime, probable cause has been established.
Probable cause does not require that all the facts of a crime be known in order to allow for a search or arrest warrant to be ordered. In some cases, an officer has the legal authority to search a person or his/her property without first obtaining a search warrant. A search warrant is not necessary when: the person consents to a search; the search is considered necessary to protect public safety or prevent the destruction of evidence, or during hot pursuit. An officer does not need to have a warrant to search a vehicle either. Though a search warrant is not necessary in these cases, probable cause must still be a precursor to the search. For example, a person who is pulled over cannot be searched without probable cause.
Probable cause is the good faith measure of criminal pursuits. This means that in order to act in good faith, an officer must have probable cause to search private property or make an arrest.
I hope this information is helpful to you.
Best of luck.
Jeffrey Peter Hauck
Pennsylvania Licensed Private Detective
http://private-eye.homestead.com
Tel: 484-274-3909
E-mail: Pa.detective@gmail.com
---------- FOLLOW-UP ----------
QUESTION: If a felony case has been brought against you and its a strong case, and the police offer you a way out by being as an informant and to make three buys for them while wired does the informant have any guarantees or rights, should the offer be in writing, or should you even consider the offer, case involves 2 felonies.
ANSWER: Dear Paul,
You have guarantees as an informant and it is not unusual to request that the deal be put into writing. You probably should consider the offer unless you don't mind spending time in prison. Be careful and mindful of your duties should you accept the offer and request that everything promised be put to pen and paper.
I hope this information is useful to you.
Best of luck.
Jeffrey Peter Hauck
Pennsylvania Licensed Private Detective
http://private-eye.homestead.com
Tel: 484-274-3909
E-mail: Pa.detective@gmail.com
---------- FOLLOW-UP ----------
QUESTION: Is there a way for me to find out what the service record is for the officers that I'm dealing with to better make a decision. You say I have guarantees, can you list any of these.And should officer have any problem with me asking this request to put offer on paper.
Thanks again for your help.
PJ
Dear Paul,
At this point the only thing you can do is to ask the officers to put the offer in writing and to tell you what their narcotics/vice experience is and how long they have been police officers. When you have been given the offer or deal on paper ask that it be signed and dated along with specifics as to what is expected of you if you succeed and if you fail. Make copies and mail one to yourself without opening it. Keep that one in a safe deposit box.
I hope this information is useful.
Jeff
Jeffrey Peter Hauck
Pennsylvania Licensed Private Detective
http://private-eye.homestead.com
E-mail: pa.detective@gmail.com
Tel: 484-274-3909
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Answers by Expert:
Jeffrey-Peter Hauck
Expertise
I would welcome the opportunity to answer questions relating to or related to the field of criminal law. I possess the experience and education necessary to answer your concerns or to point you in the right direction. I appreciate your confidence. Thank you!
Experience
Licensed Private Detective with expansive clientele base encompassing hundreds of cases. Donates resources and time to the Children's Rescue Network in Orlando, FL.
Adjunct professor of Criminal Justice, Political Science, & Paralegal Studies teaching on the courses of: "Criminal Law;" "Constitutional Law;" "Bankruptcy Law for Paralegals;" "Real Estate Law for Paralegals;" "Psychological Profiling;" "Introduction to the Criminal Justice System," White Collar Crime;" "Crime Prevention;" "Risk Management;" "International Policing;" "Eight Skills of the Effective Criminal Justice Student;" "Deviance and Violence;" Criminal Justice Bachelor's Degree Capstone;" among others.
Decorated retired 15 year veteran police sergeant, twice promoted through the civil service commission. Served in the capacities of patrol officer, training officer, SWAT officer, first line patrol supervisor and administrative supervisor. Graduate of several criminal investigation schools and currently a licensed private detective. Holding over 50 certifications related to police training and instructing in disciplines such as "defensive tactics," "firearms," and "professional development."
12 year veteran of the United States Army. Rank of Staff-Sergeant (E-6). Held positions of Platoon Sergeant, Asst. Platoon Sergeant, Squad Leader, Fire Team Leader, Supply Sergeant, and Liaison NCO at staff officer level. Military Occupational Specialty (MOS) 11BPF7, Airborne Infantry NCO Soldier & Pathfinder. Cross trained into the field of supply (76Y) and administration (71L). Completed PLDC, BNCOC, ANCOC, and Chemical Branch Officer Basic leadership courses. Current subject matter expert and CBRN (Chemical, Biological, Radiological, & Nuclear) Commissioned Chemical Branch Officer serving in the U.S. Army.
Organizations
ASIS International. Police Executive Research Forum (PERF). National Criminal Justice Association (NCJA). Academy of Security Educators and Trainers (ASET). American Society of Criminology (ASC). National Tactical Officers Association (NTOA). International Tae Kwon Do Union (ITU), among others.
Publications
Published Full length novel, “Ports And Happy Havens,” Co-authored with L.A. Broskey, Copyright. ISBN: 1-4208-1261-0. Full length novel, “The Awful Grace Of God,” Co-authored with L.A. Broskey, Copyright (publishing in progress). Review & Discussion of the case of: Burley v. Pennsylvania Department of Public Welfare. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: LTV Steel Company, Inc. v. Workers' Compensation Appeal Board. Published in the PA Administrative Law Journal. Spring 2003. Review & Discussion of the case of: Rydzewski v. Workers’ Compensation Appeal Board. Published in the PA Administrative Law Journal. Summer 2002. “Handcuffing Techniques Manual For Loss Prevention Officers.” 2002. Copyright. “Model Emergency Response Team Policy and Member’s Manual.” 1999. Copyright. “Women’s Fundamental Self-Defense Manual.” 1998. Copyright, among others.
Education/Credentials
Doctor of Jurisprudence (J.D.), Widener University School of Law. Harrisburg, PA. Graduate of the Law and Government Institute of Widener University School of Law. Certification in Law & Government. Harrisburg, PA. B.A. Criminal Justice, DeSales University. Center Valley, PA. Certified Legal Assistant & Paralegal, Blackstone Career Institute, Allentown, PA. Licensed Private Detective, Lehigh County, Pennsylvania. Certified Special & General Law Enforcement Academy Educator/Trainer Pennsylvania Municipal Police Officers’ Training And Education Commission (MPOTEC). Certified Law Enforcement Trainer (CLET) Certification, American Society for Law Enforcement Training (ASLET), Frederick, MD. Municipal Police Officer Certificate of Training & Licensure (Act 120), Police Academy Training. PA Certified Act 235 Lethal Weapons Instructor in Academics, Firearms, and Skills training, among others.
Awards and Honors
United States Army Meritorious Service Medal. United States Army Commendation Medal, awarded twice. United States Army Achievement Medal, awarded four times. United States Army Good Conduct Medal. United States Army Expert Infantry Badge. United States Army Parachutist Badge. Government of Honduras Parachutist Badge. United States Army Air-Assault Badge. United States Army Pathfinder Badge. American Police Hall of Fame’s “Legion of Honor Award for Line of Duty Injury.” Venerable Order of The Knights of Michael The Archangel, “Knight Chevalier Award.” American Police Hall of Fame’s “Honor Award.” The John Edgar Hoover Memorial Gold Medal for Distinguished Public Service Award. American Police Hall of Fame “Long and Honorable Service Certificate.” American Federation of Police and Concerned Citizens’ “George Washington Second Amendment Gun Rights Award.” American Police Hall of Fame “President’s National Medal of Patriotism.” Widener University School of Law “Dean’s Honor List.” International Tae Kwon Do Union’s (ITU) World Wide Martial Arts Hall of Fame Award for “Assistant Instructor of the Year,” 2002. “Who’s Who Among American Law Students,” 22nd Edition, 2002 Recognition Award. World Karate Union Hall of Fame, “Instructor Of The Year For Police Control Tactics & Self-Defense,” 2004, among others.
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