The state and federal constitutions generally protect people from unreasonable searches, which means, in part, that absent exigent circumstances the police must have a warrant to conduct a search of a person’s body or property. If a police officer seeks a warrant to search a property based on information from an informant, their request should only be granted if they demonstrate probable cause to believe that the items in question will be found on the property. Recently, a Washington court discussed what constitutes probable cause in a case in which the defendant appealed his unlawful possession of a firearm conviction. If you are charged with a weapons crime, it is in your best interest to talk to a Tacoma weapons charge defense lawyer at Smith & White, PLLC as soon as possible.
History of the Case
It is alleged that the defendant was charged with unlawful possession of firearms and other offenses after police found weapons in his apartment during a search pursuant to a warrant. The police sought the warrant after receiving information from a confidential informant indicating that the defendant was selling illicit substances and had weapons in his possession, which was unlawful because he was a convicted felon. The case proceeded to trial, and the defendant was convicted on all counts. He appealed, arguing in part that the warrant was not supported by probable cause.
Probable Cause for Issuing Warrants
The Washington and United States Constitutions dictate that search warrants will be issued upon a finding of probable cause. The appellate court explained that probable cause is present when the affidavit in support of a warrant sets forth facts and circumstances that are adequate to establish a reasonable inference that the defendant is most likely engaged in criminal activity and that evidence of their unlawful behavior may be found at a specific location. Continue reading