Can a Justice of the Peace order a search warrant be used to obtain evidence that petitioner had the murder weapon in his possession?
MultiRegion, United States of America
The following excerpt is from Quigg v. Estelle, 492 F.2d 343 (9th Cir. 1974):
Such facts might clearly lead a reasonably prudent man to believe that petitioner had the murder weapon in his possession. The Justice of the Peace also had underlying circumstances which
[492 F.2d 345]
gave credit to this information. The informant, a participant in the Stillwater County crime, informed the police that a gun had been fired in the commission of this crime. This declaration was against the informant's penal interest and as such could be used to credit his reliability and the information which he gave to the police. "People do not lightly admit a crime and place critical evidence in the hands of the police in the form of their own admissions. Admissions of crime, like admissions against proprietary interest, carry their own indicia of credibility sufficient at least to support a finding of probable cause to search." United States v. Harris, 403 U.S. 573, 583, 91 S.Ct. 2075, 2082, 29 L. Ed.2d 723 (1971).[492 F.2d 345]
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