My question involves police conduct in the State of: Utah
In February I was arrested for receiving stolen property.
This all came about when my mom, while logged into my dad's email account, forwarded an email exchange between my dad (who I don't live with) and my live-in girlfriend to my brother. My brother took the email to the police.
The email was two messages where my dad, who had no first hand knowledge of any stolen goods, admonished my girlfriend to return the stolen items and my girlfriend saying she was talking to me about it. The email messages were not specific to what was stolen.
The police did not follow up to confirm that my brother was who he said he was. They made no effort to contact my dad or my girlfriend to confirm that they actually wrote the emails.
There was no further investigation done to confirm that there were any stolen items at my house. No surveillance. Nothing further.
Nevertheless, they drafted a search warrant affidavit based on the contents of the email exchange and successfully obtained a search warrant.
Doesn't this mean that any Joe Blow can forward a made-up email exchange to investigators and have someone's house raided?
Was this sufficient probable cause for a search warrant?
In February I was arrested for receiving stolen property.
This all came about when my mom, while logged into my dad's email account, forwarded an email exchange between my dad (who I don't live with) and my live-in girlfriend to my brother. My brother took the email to the police.
The email was two messages where my dad, who had no first hand knowledge of any stolen goods, admonished my girlfriend to return the stolen items and my girlfriend saying she was talking to me about it. The email messages were not specific to what was stolen.
The police did not follow up to confirm that my brother was who he said he was. They made no effort to contact my dad or my girlfriend to confirm that they actually wrote the emails.
There was no further investigation done to confirm that there were any stolen items at my house. No surveillance. Nothing further.
Nevertheless, they drafted a search warrant affidavit based on the contents of the email exchange and successfully obtained a search warrant.
Doesn't this mean that any Joe Blow can forward a made-up email exchange to investigators and have someone's house raided?
Was this sufficient probable cause for a search warrant?
Criminal Investigations: Enough Probable Cause for a Search Wartany
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