Search Warrants and Probable Cause

• Search Warrants and Probable Cause
• Material Omissions in a Warrant Affidavit
• Stale Information in a Warrant Affidavit

The standard for a magistrate to issue a search warrant is finding that the warrant affidavit shows a “fair probability” that police will find contraband or evidence of a crime at a particular place.  The reviewing court’s duty, on the other hand, is simply to ensure the magistrate had a “substantial basis” for that conclusion.  Information in a warrant affidavit is not stale if tied by reoccurring events to the current search.  If so tied to the current search, the fact that a suspect’s prior convictions are not dated in the affidavit is irrelevant.

The following was included in a search warrant affidavit asking for permission to search defendant Robert Andrew Delgado’s house:  Defendant is a documented member of the Highland Park Criminal Street Gang in Los Angeles, where he is known by his gang moniker of “Loco.” His residence, located at ....