Drug Crimes Case Study
Whether the confidential informant's tip provided sufficient probable cause for a search warrant.
The court suppressed the evidence, finding that the affidavit supporting the search warrant failed to establish the reliability and basis of knowledge of the confidential informant. The court held that a bare assertion that an informant is 'reliable' without supporting facts is insufficient to establish probable cause.
Search warrants based on confidential informant tips are a common source of Fourth Amendment challenges in drug cases. D.J. Rivera scrutinizes every search warrant affidavit for deficiencies in the informant's reliability and basis of knowledge, and files Franks motions to challenge warrants based on false or misleading information.
This case involves § 18.2-248 of the Virginia Code. For a full analysis of how this statute applies to your case, consult with D.J. Rivera.
D.J. Rivera applies the lessons of cases like this one to defend clients throughout Richmond and Northern Virginia. Free consultation available 24/7.
Get Your Free Consultation