Q: If a cooperating defendent makes a controlled phone call and the police listen
Police listen and record call without a judges ok can they use it for probable cause to stop , pull me out of my truck,take my keys,bring me 2 cars away, search locked bank bag and safe, then seized my money?
A: The general rule is that a warrant is required to listen on phone calls, but there are exceptions. One would be if the police utilized an informant to place the call. As for the vehicle stop and search, it's impossible to say whether the police had probable cause, as we don't know what they alleged as the factual basis for the probable cause. (i.e.: what was said in the phone call that supports PC? Was there any corroboration? How reliable was any informant? ) As for seizing money, I'm assuming the police believed it was evidence of a crime. You don't say if charges were actually filed. Is the prosecution seeking forfeiture as well? Search and seizure law is usually quite fact-specific, and there are not a lot of facts known at this point. Once a case commences, discovery will be provided, and there will be a starting point for assessing how to approach any Fourth Amendment issues.
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