Maybe, but that’s a systemic problem. Not indicia of a witch hunt.
What you’re saying is the reason we require that a judge or magistrate issue search warrants. They’re the gatekeeper who refuses bogus crap. They’re elected/appointed to be legal experts, detached from the investigative process, to make those determinations correctly.
There are also rules or at least guidelines (since evidence obtained in good faith reliance on a faulty warrant is not subject to exclusion) for what they have to see in the document in order to find probable cause.
One of those guidelines is a determination of “veracity” and “basis of knowledge” of any hearsay evidence, but that burden is very very light. See this case at page:
*329
But, if there’s a case saying that the police have to disclose the potential biases of their informants, I’m not aware of it.
In TN a few years ago there was a guy driving the wrong way down a one way street. Cop pulls him over, dude says he’s had too much to drink. He passes the SFST’s. Cop arrests him anyways and his BAC is over the legal limit. He moves to suppress the BAC and it goes all the way to the Supreme Court of TN. They essentially say that once the police have probable cause, they can make an arrest and administer implied consent. Evidence that tends to negate guilt is basically of no effect at that stage.
It’s the same basic principle. Once the facts meet probable cause, the government’s actions are reasonable. Police don’t have to go to a judge and tell them all the reasons their evidence might be wrong nor do they have to prove that it’s totally true. They just have to lay a foundation that checks all the boxes for the judge to find that the invasion of privacy is reasonable.
I should say this, also: nothing in this post or any of my posts should ever be construed as legal advice. It’s commentary on the state of the law. Anybody facing a similar issue should hire and rely on the counsel of their own attorney.