NCJ Number
173104
Journal
Crime to Court Police Officer's Handbook (April 1998) Volume: Issue: Dated: Pages: 1-10
Date Published
1998
Length
10 pages
Annotation
In this analysis of the use of search warrants, the criminal defendant argued that evidence used against him in his murder trial had been discovered by the police in an unreasonable search of the defendant's car.
Abstract
A victim was robbed and murdered in one case, while an arrest warrant issued in an unrelated case resulted in the search of a vehicle. The elemental composition of bullets found in the vehicle matched the bullet that killed the victim in the other case. Based on evidence obtained from the vehicle search, the defendant was tried for murder and armed robbery and was sentenced to life imprisonment. The defendant appealed, raising the issue of whether the trial court erred in refusing to suppress ammunition seized from his car because the affidavit underlying the search warrant was not sufficient to support a finding of probable cause. Analysis of the case indicates the affidavit failed to set forth any facts as to why the police believed the defendant committed murder and armed robbery, there was no strong indication of probable cause, and the trial court was incorrect in refusing to suppress the ammunition evidence.