Criminology

A search warrant is an order issued by the court to its peace officers to find an object in a particular place specifically contained in the warrant. Such warrant must be based on the personal knowledge of witnesses summoned by the court to appear before it. The warrant is issued only after the judge has personally determined that the object sought to be seized is indeed in a particular location in the specified place declared by the witnesses. Such determination can only be achieved after the judge has asked searching questions to the witnesses and these witnesses have provided equally credible answers. The witnesses, in order to be considered credible enough by the court, must render answers based on their personal knowledge of the occurrence of the events or a part thereof. Without such personal knowledge, the statement of the witnesses does not hold water and could not be considered strong enough to secure the issuance of a search warrant.

In the case given, the search warrant applied for and if granted by the court poses a significant problem. The warrant is not based on the personal knowledge of Hans Cleane because the information he has given to Officer Slim Baton is based on what a little birdie has told him at a local bar. Such information is highly lacking credibility since it cannot be ascertained as to who actually has seen and heard Dean Liste bragging about the Boring job. The witnesses needed for the issuance of a warrant must be first-hand witnesses otherwise, any statements received shall be considered hearsay and is not considered credible. Furthermore, the information provided by Cleane to Officer Baton is just a bargaining chip for the previous offense committed by Cleane. Thus, the motive behind such offer of information is questionable, making it greatly unreliable.

Therefore, the application for a search warrant for the attic of Dean Liste should be denied by the court. To do otherwise, the court shall be violating the basic human right against unwarranted search and seizures which is granted by the Constitution.