Credible Or Not?
Mr. Rogers hates his neighbor. The neighbor has a garage band and they practice late at night. Mr. Rogers has complained to the neighbor that he can’t sleep but the neighbor keeps playing at all hours of the night. Mr. Rogers works the morning shift at a grocery store where he has worked his entire life and hates going to work tired. One day Mr. Rogers decides to break into the garage where the band stores their instruments. He plans to steal the instruments and throw them in the dump. While Mr. Rogers is in the garage he finds a marijuana growing operation in a room off of the garage. Mr. Rogers leaves the garage and goes to the Police. He tells the Police that he broke into the garage and was looking for the instruments when he found the marijuana plants. The Police use this statement from Mr. Rogers in a search warrant for the neighbor’s house. Can this statement be used as probable cause in a search warrant? Why?
Yes, his tip-off to the police can be used as probable cause to obtain a search warrant, and his testimony can also be admissable in court. Mr. Rogers would be very foolish to do that because he will still be arrested for Breaking and Entering as well as probably other charges, but the constitutional requirements for performing searches and obtaining evidence only applies to appointed agents of the government (i.e. the police), not to ordinary civilians. There are many situations where this sort of thing occurs – bounty hunters, for instance, are not required to get a search warrant in order to break into a house to capture a fugitive and anything illegal they see in the home can be later used as evidence against him. And there have been cases where some private security guard would rifle through somebody’s pockets or purse and find weapons or drugs, and even though it wouldn’t have been considered a legal search if done by a real cop because there was no probable cause for him performing it, it still held up in court.
by Logic316
on 14. Dec, 2009
Actually, yes, because Mr. Rogers is not a police officer.
by Knock N
on 14. Dec, 2009
Yes it can be used as probable cause in the affidavit for a search warrant. Whether that gets accepted will vary depending on the venue and or jurisdiction in question.
Also, it would be beneficial to the drug case for the police to draft and present a case to the Prosecutor in reference to the Burglary that Mr. Rogers committed to cover their bases.
by Citicop
on 15. Dec, 2009
No it is not cause because Mr Rogers was breaking the law and should be arrested for breaking and entering, then the police servile on MR told them.
by Glinda W
on 15. Dec, 2009
mr rogers would have admitted to breaking and entering…so i would think not.
by koasterk
on 15. Dec, 2009
I would think the Plain-view doctrine would apply here.
For the simple fact that by simply walking by during the course of a given day with the garage door down no person or police officer would have visible proof that marijuana plants are growing in there.
by Glen B
on 15. Dec, 2009
Because he SAW the stuff with his own eyes & if he is a credible witness & not a looney.
You better not move your band or pot next door to me!I’m not so tolerant!
by Jumpin Jiminey!
on 15. Dec, 2009
a pot growing op, is more valuable than some ole guy teaching those punks a lesson. They’ll knock off Mr. Rogers’ indescrepency, and make a deal for his statement. The punks will serve time. Mr. R may get probation, but maybe not even that.
by Heather R?se
on 15. Dec, 2009