Final answer:
Hearsay information can be included in a search warrant application but must be supported by factual, non-hearsay evidence to establish probable cause. Evidence obtained from unconstitutional searches or interrogations may be excluded from trial under the exclusionary rule and the 'fruit of the poisonous tree' doctrine.
Step-by-step explanation:
The question regarding whether hearsay information is allowed in a search warrant application is connected to the legal standards for obtaining a warrant. According to the Fourth Amendment, a warrant to search someone's property can only be issued on probable cause, supported by Oath or affirmation.
While hearsay can sometimes be part of the information presented to establish probable cause, the affidavit in support of a search warrant must contain sufficient non-hearsay evidence to establish a probability of finding evidence of a crime. In practice, law enforcement officers will often include hearsay in the warrant application, but it must be supported by factual, non-hearsay evidence to comply with legal standards.
When it comes to police conduct during searches or questioning, the Fifth Amendment protects individuals against self-incrimination and guarantees the right to counsel.
Any evidence obtained through methods that violate the constitutional rights of the individual—including search warrants based on insufficient grounds or interrogations conducted without Miranda warnings (notifying of the right to counsel and protection against self-incrimination)—may be deemed inadmissible under the exclusionary rule. The concept of 'fruit of the poisonous tree' further extends this rule, prohibiting the use of evidence that was derived from an illegal search or interrogation.