NCJ Number
172539
Journal
Crime to Court Dated: (October 1997) Pages: complete issue
Date Published
1997
Length
21 pages
Annotation
Intended for police training, this report summarizes the facts and reasoning that led to an appellate court decision that a court was not justified in issuing a search warrant based solely on information provided by an anonymous informant to a law enforcement officer.
Abstract
The decision in United States v. Wilhelm involved a telephone call stating that the individual had observed marijuana in the defendant's home. The magistrate issued a search warrant. The search resulted in the discovery of the contraband that was the subject of the indictment. The United States Court of Appeals for the Fourth Circuit held that the search was unconstitutional, because it was based on a warrant unsupported by probable cause, and the police could not have acted in good faith in relying on that warrant. The case made clear that the police officer who applies for the warrant, as well as the police officer who carries it out have the responsibility to ensure that it is not a bare-bones warrant. Questions and answers to test the reader's knowledge, photographs, and discussion of the Internet web site established for the Crime to Court training series