Just because hearsay can be used to get a search warrant, that doesn’t make that same hearsay admissible at trial without violating the Confrontation Clause. United States v. Jones, 2019 U.S. App. LEXIS 14550 (5th Cir. May 16, 2019).
“Here, contrary to the People’s contentions, the detective’s on-the-scene observations during the two controlled drug buys fell short of probable cause without the information provided to him by the CI. Although the detective observed the CI enter and exit the building, the detective was unable to confirm that the CI had actually purchased the narcotics from the subject apartment ….” Remanded for an evidentiary hearing. People v. Nettles, 2019 NY Slip Op 03816, 2019 N.Y. App. Div. LEXIS 3762 (2d Dept. May 15, 2019).*