this question is for any attoney who can clear up a few questions.
my aunt filed a report against my grandmother stating that she had trespassed on her property. this was after a burglary on her house which she accused my grandmother of. the police department was able to issue a warrant simply on hear say to pick my grandmother up. she is not being charged for breaking and entering, just trespassing. doesnt a judge allow a warrant to be issued? is this legal and if so how?Legal advice?
The test to issue a warrant is based on the ';Totality of the Circumstances.'; Circumstances must be weighed in determining the reliability of an informant %26amp; the basis of his knowledge (including ulterior motives, staleness, etc) in determining if there is enough probable cause to issue the warrant. Probable cause must create a fair probability that the evidence will be found.
The Supreme Court ruled on a similar issue in Illinois v. Gates.
(I am not giving you legal advice and any information shouldn't be construed this way)
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