Hearsay information is not allowed in a search warrant application.

• A. False
• B. True
• C. Only if the informant is anonymous
• D. Only if the informant is not credible

Answer: (A)

Hearsay information can be part of a search warrant affidavit. When seeking a warrant, the judge considers the totality of the circumstances, not just firsthand observations. A tip from informants or other secondhand information can contribute to probable cause if it is reliable and supported by independent corroboration such as surveillance, physical evidence, or records. Anonymous informants are permissible if their information is corroborated; if an informant’s credibility is in doubt, that factor is weighed against the overall picture provided by corroborating facts. So saying hearsay is not allowed is false—the law allows it, provided the supporting facts meet the reliability and corroboration standards.