Legal Question in Criminal Law in Kentucky

Confidential informants and probable cause for a search warrant

The police used a confidential informant to purchase drugs from a person I know. He wore a wire. My name was mentioned on the tape, implying that I was the supplier of the drugs. The police got a search warrant and came into my house based on this. My friend is the one that talked about me having drugs available not the C. I. Can the police use just a person off the streets word to get a search warrant. I thought it had to be from a reliable confidential informant.


Asked on 7/17/05, 9:05 pm

1 Answer from Attorneys
James Harmon Sole Practitioner

Re: Confidential informants and probable cause for a search warrant

Unfortunately, a judge signed off on a search warrant based on the information the police provided in their affidavit. I am sure they used the standard language regarding the confidential informant that they had either used him/her in the past, or that they found independent evidence which corroborated the information they were provided with by the confidential informant.

If they were listening to the controlled buy as it took place, then they have first-hand knowledge of your name being mentioned, and that alone is probably enough to meet the standard of probable cause for the warrant to be issued.

I am curious as to what was found in the house and if any charges resulted from the search. Unfortunately, you will have a difficult time, and it will most likely be impossible to find out who the confidential informant is under Kentucky case law.

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Answered on 7/18/05, 3:50 pm


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