Can an affidavit be considered in a search warrant?
California, United States of America
The following excerpt is from People v. MacAvoy, 162 Cal.App.3d 746, 209 Cal.Rptr. 34 (Cal. App. 1984):
Applying the rule to the facts of the case before us, it is evident the affidavit may not be considered. First, the warrant does not in any way incorporate the affidavit by reference. Secondly, there is no evidence that the affidavit accompanied the warrant at the time of service. (United States v. Klein, supra, 565 F.2d at 186,
Page 42
We therefore conclude that the warrant is defective.
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