Probable Cause Search Warrant

Summary

Probable cause for a search warrant in West Virginia must be based on timely information. Ongoing investigations and surveillance can justify delays between controlled buys and search warrants. However, the absence of controlled buys at the searched residence could raise questions about the warrants validity. Consulting a lawyer can help explore defenses or motions to challenge the search warrant.

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Joseph Hall
Hi Joseph! How can I assist you with your legal issue today?
Is 45 days after a controlled buy is it it still probable cause for a search warrant?
The time between a controlled buy and issuing a search warrant can impact the probable cause determination. Generally, probable cause must be based on timely and current information. However, circumstances can vary by jurisdiction.
Could you please tell me your location so I can provide more specific information?
Wheeling, West Virginia
In West Virginia, the timeliness of information is crucial for establishing probable cause for a search warrant. Generally:
- Probable cause must be based on reasonably recent information.
- The specifics of each case can vary, and other factors may influence the determination.
Do you have more details about the case or any other questions?
Control buy on june 8th * & search warrant find July 5th *. A federal search was executed on July 18th, *.
The information provided shows a significant delay between the controlled buy and the search warrant execution. While probable cause generally needs to be based on recent information, each case's specifics can affect this determination.
Did the search warrant mention ongoing surveillance or continued activity? This could impact the evaluation of probable cause.
An investigation started nov 16th *, there was a controlled buy. There was another controlled buy on may *, *.
In West Virginia, the timeliness of information is important for establishing probable cause. However, the presence of ongoing investigations or surveillance can justify delays between controlled buys and search warrants. Given the ongoing investigation and multiple controlled buys, probable cause could still be valid.
Is there any specific detail mentioned in the search warrant about the ongoing investigation or surveillance?
Just the surveillance of the three controlled buys
In West Virginia, the ongoing surveillance and multiple controlled buys from November * to June * could support probable cause for the search warrant, even with the delays. The investigation's continuity may justify the timing.
Do you have any specific concerns or questions about the search warrant's validity or your legal options?
There were no controlled buys at the residence of the search
The fact that there were no controlled buys at the residence where the search was conducted could potentially raise questions about the validity of the probable cause for the search warrant. However, the ongoing surveillance and controlled buys in connection with the investigation could still support probable cause.
You may want to consult a lawyer to explore any defenses or motions to challenge the search warrant based on the absence of controlled buys at the specific residence.
Do you have any specific concerns or further questions?
That’s all for now. Thank you
Given the specifics of the investigation, the involvement of ongoing surveillance, and controlled buys, there may still be a basis for probable cause. However, the absence of controlled buys at the searched residence could be a point of contention.
If you have further questions or need assistance with challenging the search warrant, consider consulting a lawyer to explore your legal options.