Does the search warrant affidavit establish probable cause?
– Under Massachusetts State Law, search warrants may be issued only upon a showing of probable cause. Evidence seized without the requisite showing of probable cause is inadmissible at trial. – Probable Cause Standard: Facts and circumstances such as to warrant a man of reasonable prudence and caution in believing that an offense has been committed. 2. Did the informant have a sufficient basis of knowledge of the purported criminal activity? 3. Has the informant provided reliable information to the police in the past? – Unnamed / Police Informants – Where hearsay from an unnamed informant is the basis of the police action, the police must have a substantial basis for crediting the hearsay. Two requirements must be met in order to establish the credibility of the hearsay information: (1) there must be some underlying circumstances on which the police officer concluded that the contraband was where it was claimed to be (basis of knowledge), and (2) there must be some underlying facts and
