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 510 Toledo Street, is used as a gang “hangout,” where gang members can be found on a regular basis.  Defendant‘s criminal history includes four prior felony convictions; i.e., gang member with a gun, assault with a deadly weapon, carjacking, and possession of a controlled substance for sale (no dates are given).  In addition to extracting “taxes” from businesses, the Highland Park gang is known to have engaged in assaults, robberies, and murders; all used as a means of intimidation so that it can freely sell illegal guns and drugs without fear that others might report them to the police. 

On July 5, 2019, police officers were surveilling defendant’s residence.  This surveillance was prompted by the fact that crime attributed to the Highland Park gang had recently increased and the officers knew that many of the gang members would be hanging out there.  At about 7:15 p.m., the ....