What elements are key and constitute a controlled buy that finds probable cause to get warrant issued

Asked 12 months ago - Everett, WA

the ci doesn't spend the agreed apon amount on drugs leaves with contranband a sweatshirt from inside the house and also returns with extra money. Conviently the police forget to say anything about these issues in report in the ci statement is where this added information is found

Attorney answers (5)

  1. James S. Lawrence

    Pro

    Contributor Level 15

    4

    Lawyers agree

    Answered . Normally, the term "controlled buy" refers to a situation where an informant is searched before the buy, has no money, is given a set amount of money, enters the location, comes back, turns over what he has acquired and/or any money, and is then searched again. If he goes in without drugs, but comes out with drugs, that would show probable cause to believe drugs can be found at that location. It would not lose its status as a controlled buy if the informant steals something, or comes out with actual gifts, or spends less than anticipated. As long as he exits the location with something illegal he did not have when he went in, that would be enough for a search warrant for the location, provided that the search warrant is acquired in a timely way. If only 1 or 2 days have passed between the buy and the warrant, that is timely enough. A complex question arises when the period of time is longer, and different courts might reach different results.

    Contact me at 248-399-6930 for a free consultation. You and I do not have an attorney-client relationship formed... more
  2. Mark R Stephens

    Contributor Level 11

    2

    Lawyers agree

    Answered . First warrants here in Snohomish County are approved on very thin evidence, often by affidavit given over the phone. If the warrant is otherwise valid, any evidence seized will be admissible, except in very rare situations such as the discovery the applying for the warrant intentionally misled the court issuing the warrant.

    As for police reports leaving out critical information that could help your case, it happens all the time.

    As for the first answer given by a lawyer from Chicago, I found it arrogant, condescending, and violation, in spirit, if not in fact, of Washington Rules of Professional conduct, as he is not licensed to practice law in Washington. If there was anything resembling advice I would consider filing a complaint. I believe one of the most important aspects of my job is to answer any question a client has, and demistify the criminal justice systemvas it operates here in Everett, Washington, where I live and have practiced criminal defense for 17 years.

    I urge this gentleman to remove the post. It demeans the questioner and reflects badly on my local bar, and the profession as a whole.



    As for the police reorts

    I am licensed in Washington. I only practice law in this state. I limit my practice, and my answers on this site,... more
  3. Thomas J Cunnane

    Contributor Level 6

    2

    Lawyers agree

    Answered . The CI is searched prior to the controlled buy and given marked money. The CI makes the buy after being searched for drugs and cash then purchases from the intended target. If, protocol is followed it is most likely valid. Any variance then it's shady and may be suppressed.

  4. Alexander M. Ivakhnenko

    Contributor Level 20

    3

    Lawyers agree

    Answered . Do not learn the elements of controlled buys and other legally intricate matters. It is not productive. Rely on an experienced criminal counsel who should fight for your freedom. It beats reading law books in a jail library after.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  5. Rixon Charles Rafter III

    Contributor Level 20

    3

    Lawyers agree

    Answered . Warrants are complicated matters with lots of nuance. As a general rule, a warrant must be supported by probable cause and describe the place to be searched and the persons (or things) to be seized with particularity.

    Nothing in your post gives rise to a challenge about the validity of the will. STRONGLY recommend you hire a criminal defense attorney and after going over ALL the facts it may be that attorney can find something you CAN hang your hat on. Best of luck to you.

    NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of... more
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