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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23558
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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The police are trying to solve a recent burrglary. They know

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The police are trying to solve a recent burrglary. They know from local probation records that Robert, the prominent and active burglar in the town over the last two years, was released from prison on parole just two days before the burglary. The police want to search Robert's apartment. They have presented themselves to a detached and neutral magistrate and have asked for a warrant to search Robert's house, based on the information summarized above. Assume that the above information, taken in its entirety, would justify a reasonble magistrate in concluding that proceeds of the recent burglary probably would be found at Robert's apartment. Assume furthermore that if Robert were to be charged with and charged for the burglary, evidence of his prior burglaries, and his recent release from prison (i.e., the items on which the request for the warrant is based) could not be admitted against Robert under the local rules of evidence. May the magistrate properly issue a search warrant.
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 7 years ago.
`Customer,

Probable cause, which is what is necessary for a magistrate to grant the warrant, is only a reasonable belief that a crime may have been committed and that a particular person may have had something to do with that. If a reasonable neutral magistrate believes from the information presented by the police officers that the proceeds of the crime would probably be found in Robert's apartment then that, by definition is probable cause. The magistrate can properly issue a warrant.

As for the other part of the question -- what offenses are admissible at trial -- that's an evidentiary issue having to do with what can be used on the state's case-in-chief during actual trial. That would have nothing to do with a determination of probable cause, which precedes an arrest and the filing of charges.

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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your state for specific legal advice.

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