QUESTION
Could the police lawfully use evidence provided by a citizen from a neighbor's house to obtain a warrant?
Asked on Sep 20th, 2012 on Criminal Law - Florida
18 ANSWERS
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Yes.
Answered on May 28th, 2013 at 7:41 PM
Criminal Defense Attorney serving Salt Lake City, UT
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Pietryga Law Office
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Yes.
Answered on May 22nd, 2013 at 2:21 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Yes.
Answered on May 22nd, 2013 at 2:21 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Yes.
Answered on May 22nd, 2013 at 2:17 AM
Thomas Edward Gates
Yes.
Answered on May 22nd, 2013 at 2:17 AM
Leonard A. Kaanta
Yes.
Answered on May 22nd, 2013 at 1:30 AM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Anything can be used if it was not illegally obtained by the police or at their request. If it was illegally obtained by a neighbor they can use it.
Answered on Sep 25th, 2012 at 2:52 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Yes, if the evidence is viable and the police and judge believes that there is probable cause.
Answered on Sep 25th, 2012 at 2:51 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Absolutely. How do you think police normally learn of crimes and obtain warrants, other than by citizen reporting?
Answered on Sep 25th, 2012 at 2:51 PM
Michael J. Breczinski
Probably. It depends on all the facts. But if the neighbor got the evidence through illegal means then they could get charged with a crime also.
Answered on Sep 24th, 2012 at 10:32 PM
Yes. Cops use "snitches" all the time.
Answered on Sep 24th, 2012 at 6:49 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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Yes. The Fourth Amendment does not apply to private citizens. But search and warrant questions are VERY fact specific, so your attorney is going to have to examine everything to see if there were violations. If the citizens were acting as an agent of the police, then the Fourth Amendment protections would apply, for example.
Answered on Sep 24th, 2012 at 6:44 PM
Michael Paul Vollandt
Probably they could. This citizen must have standing to challenge any search and seizure issue before they can try to suppress the evidence.
Answered on Sep 24th, 2012 at 6:44 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Generally yes, and if they did you need an attorney.
Answered on Sep 24th, 2012 at 6:43 PM
Most likely yes...same rules police agencies must follow do not apply to private citizens most of the time.
Answered on Sep 24th, 2012 at 6:38 PM
Criminal Law Attorney serving Houston, TX
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The Law Office of Matthew D. Sharp
Yes, as long as the citizen did not break any laws in order to obtain the evidence.
Answered on Sep 24th, 2012 at 6:25 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes. But each case is fact specific. There are not enough facts listed here in order to make much of an opinion.
Answered on Sep 24th, 2012 at 6:22 PM