could the police come and pick you up from hear say.

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could the police come and pick you up from hear say.

a man on the streets told the police that he got the drugs from my husband and the police came to the house and arrested him. is it legal to go off of hear say.

Asked on June 28, 2009 under Criminal Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Hearsay -- unsworn, out-of-court statements -- can sometimes be used by the police to get a seach warrant, although in many states something more than those statements alone are required to show probable cause.

Sometimes, it's not enough.  If it isn't, in your case, then whatever the police found, when they arrested your husband and searched the house, might be kept out of the case.  You would have to get a criminal lawyer to defend him, and file a motion to suppress that evidence.  Whether or not your husband would have a chance of winning that motion would depend on the unique facts of the case.

If he's being charged with a crime, your husband needs a defense attorney in any case, and the motion, if it was worth doing, would be part of the job.  One place to find qualified counsel is our website, www.attorneypages.com


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