For an MBE warrant affidavit, which statement is true?

• A. Hearsay cannot be used in an MBE affidavit.
• B. The affidavit must show basis for information.
• C. The informant's identity must be disclosed.
• D. The warrant must specify time limits.

Answer: (B)

The essential point is that a warrant affidavit must establish probable cause by showing the basis for the information it relies on. The judge needs to see why the facts presented justify a reasonable belief that evidence or contraband will be found in the specified place. That means the affidavit should spell out where the facts come from and how they were obtained, not just conclusions.

Hearsay can appear in the affidavit, as long as it is tied to a reliable basis for the information and the source is shown to be trustworthy or corroborated. The informant’s identity does not have to be disclosed in the affidavit; anonymity can be allowed if the information itself supports probable cause. Time limits are generally addressed by the warrant’s execution window rather than the affidavit itself, which focuses on establishing probable cause through the stated facts and sources.