SmokyMtnToker
Member
In another thread I stated that the word of a single person is not sufficient for a warrant or arrest for a felony, only for a misdemeanor or civil action. Another poster of reknown has rephrased the question in a seperate thread until it now does not represent the issue at all. Too general.
Here is my point: To be charged with a CRIME ( a felony ) the judge that signs a warrant, or the cop that makes an arrest, MUST have the elements of probable cause present. The main element of probable cause is: " The knowledge that a prudent person has that proves that a crime was committed and who committed it". Thats the basic answer.
So, if ONE person makes an allegation against another person, that ALONE cannot be probable cause.If it was, anyone could claim that anyone else was committing a crime and use the police to harrass them, search them, etc.
Let's say you walk into a cop station and tell the cops that Joe Blow has a grow going in his home. You say you have seen it personally. He has a beef with the grower and wants him busted for vengeance. What can the cops do? NOTHING!! Nothing except INVESTIGATE and try to CORROBORATE the information. Without corroboration, there is NO KNOWLEDGE THAT A CRIME HAS BEEN COMMITTED!! Knowledge is NOT a guess or hunch that someone is telling the truth!!!
Cops cannot guess that you are telling the truth, they must establish the facts independently so THEY have the knowledge that a crime has been committed and who committed it. Without that knowledge, there can be no warrant or arrest.
OF COURSE on some rare occasions the cops will violate the rules and arrest someone falsely based ONLY on the word of another...and now and then a judge will sign a warrant based only on hearsay, but that will be thrown out later or at trial, as no judge wants to look like a fool to the appellate courts.
In order to be charged with a felony ( crime) there must be :
"the facts and circumstances within the arresting officer's knowledge are sufficient to warrant a prudent person to believe that a suspect has committed, is committing, or is about to commit a crime".
The word of one person, without any other evidence, is NOT, and never has been, legally sufficient to warrant a prudent person to believe...it takes more. Like real evidence.
Just imagine if one persons word, with no other evidence, was sufficient to bring a charge. The system would be swamped with phony calls alleging crimes made by rivals to disrupt each other. cops would have nothing else to do than run around arresting anyone that anyone else makes a claim about. It cannot stand in a court.
I believe that the author of the other thread had a rare experience wherein he was charged based on the word of another, but what do we know about OTHER evidence in that case? Nothing. Did the charge stick? It couldn't!! Was it prosecuted or dropped? If prosecuted, what evidence was used to justify the charge? There are too many details unknown.
But in any event, rest assured that you will LIKELY have no problems with the law based SOLELY on the accusation of another without ANY other evidence.
Ask an attorney: he will tell you that for a civil action or a misdemeanor that the cop does not witness a citizen may take action based on an allegation and request a warrant or charge, and the DA can then either drop it or prosecute it. BUT, for a FELONY, a CRIME, no citizen statement alone can be regarded as sufficient knowledge for an arrest.
HOW on earth would a cop or judge KNOW that the accusation was factual? They cannot! So, far more is required for probable cause in a CRIME than in a civil matter or misdemeanor. And that means the mere word of one person is NOT sufficient. No way, no how.
Here is my point: To be charged with a CRIME ( a felony ) the judge that signs a warrant, or the cop that makes an arrest, MUST have the elements of probable cause present. The main element of probable cause is: " The knowledge that a prudent person has that proves that a crime was committed and who committed it". Thats the basic answer.
So, if ONE person makes an allegation against another person, that ALONE cannot be probable cause.If it was, anyone could claim that anyone else was committing a crime and use the police to harrass them, search them, etc.
Let's say you walk into a cop station and tell the cops that Joe Blow has a grow going in his home. You say you have seen it personally. He has a beef with the grower and wants him busted for vengeance. What can the cops do? NOTHING!! Nothing except INVESTIGATE and try to CORROBORATE the information. Without corroboration, there is NO KNOWLEDGE THAT A CRIME HAS BEEN COMMITTED!! Knowledge is NOT a guess or hunch that someone is telling the truth!!!
Cops cannot guess that you are telling the truth, they must establish the facts independently so THEY have the knowledge that a crime has been committed and who committed it. Without that knowledge, there can be no warrant or arrest.
OF COURSE on some rare occasions the cops will violate the rules and arrest someone falsely based ONLY on the word of another...and now and then a judge will sign a warrant based only on hearsay, but that will be thrown out later or at trial, as no judge wants to look like a fool to the appellate courts.
In order to be charged with a felony ( crime) there must be :
"the facts and circumstances within the arresting officer's knowledge are sufficient to warrant a prudent person to believe that a suspect has committed, is committing, or is about to commit a crime".
The word of one person, without any other evidence, is NOT, and never has been, legally sufficient to warrant a prudent person to believe...it takes more. Like real evidence.
Just imagine if one persons word, with no other evidence, was sufficient to bring a charge. The system would be swamped with phony calls alleging crimes made by rivals to disrupt each other. cops would have nothing else to do than run around arresting anyone that anyone else makes a claim about. It cannot stand in a court.
I believe that the author of the other thread had a rare experience wherein he was charged based on the word of another, but what do we know about OTHER evidence in that case? Nothing. Did the charge stick? It couldn't!! Was it prosecuted or dropped? If prosecuted, what evidence was used to justify the charge? There are too many details unknown.
But in any event, rest assured that you will LIKELY have no problems with the law based SOLELY on the accusation of another without ANY other evidence.
Ask an attorney: he will tell you that for a civil action or a misdemeanor that the cop does not witness a citizen may take action based on an allegation and request a warrant or charge, and the DA can then either drop it or prosecute it. BUT, for a FELONY, a CRIME, no citizen statement alone can be regarded as sufficient knowledge for an arrest.
HOW on earth would a cop or judge KNOW that the accusation was factual? They cannot! So, far more is required for probable cause in a CRIME than in a civil matter or misdemeanor. And that means the mere word of one person is NOT sufficient. No way, no how.
....well...
