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Question: Johnson is arrested for drunken driving and failing to pay child support. He agrees to share information with the police to avoid prosecution. Having been personally involved in every aspect of an ongoing stolen paycheck operation, Johnson explained the intimate detalles to the police of what he saw and did with Fred, a co-criminal. Based on his statement alone, the officer seeks a warrant for the co-criminals premises where Johnson stated he saw many of the stolen checks the day before. Johnson’s statements establish probable cause to support a warrant application. Can they do this? 4th amendment
I am not a lawyer, but based on my understanding of the 4th amendment, it appears that Johnson's statement can potentially be used to establish probable cause for the warrant application. The 4th amendment protects against unreasonable searches and seizures and generally requires law enforcement officers to obtain a warrant before searching a person's property. Probable cause is a reasonable ground for suspicion, supported by circumstances that the police can reasonably rely on to believe that a crime has been committed or evidence of a crime might be on the premises they want to search. Johnson's statement, as a first-hand witness and participant in the crime, could be considered as a reliable basis for establishing probable cause. However, in order to use Johnson's statement as the sole basis for probable cause, the police will likely need to demonstrate that the information provided is credible. This might include corroborating Johnson's statement with other evidence, or showing he has provided truthful and accurate information on past crimes. A judge will be the one who ultimately determines if there is enough probable cause to grant a warrant based on Johnson's statement. It's worth noting that specific legal requirements and precedents may vary by jurisdiction. In any case, it is essential to consult with a qualified attorney for proper legal advice.
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