N.D.Ga.: Hearsay is admissible in suppression hearings under Rule 104(a)

Hearsay is specifically admissible in suppression hearings [and issuing search warrants] under Rule 104(a). [After all, that’s how informant hearsay and collective knowledge work.] The court credits one officer as to what another told him in the probable cause for the search of defendant’s car. United States v. Todd, 2019 U.S. Dist. LEXIS 160316 (N.D. Ga. Aug. 28, 2019), adopted, 2019 U.S. Dist. LEXIS 159555 (N.D. Ga. Sept. 19, 2019).

The 46 page search warrant application on the totality provided probable cause for issuance of the search warrant for a tracking device on defendant’s car, or at least a substantial basis for crediting that there was probable cause. United States v. Hasson, 2019 U.S. Dist. LEXIS 160498 (D. Md. Sept. 20, 2019).*

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