Can the affidavit in a medical malpractice case be relied upon to establish that contraband would not have been on the premises at 7.30am?
California, United States of America
The following excerpt is from Tuttle v. Superior Court, 120 Cal.App.3d 320, 174 Cal.Rptr. 576 (Cal. App. 1981):
The affidavit in the instant case did not furnish such specific facts. No facts were averred which reasonably could lead the magistrate to conclude that the contraband would not have still been on the premises at 7 a.m. As this court said in People v. Wachter (1976) 58 Cal.App.3d 911, 919-920, 130 Cal.Rptr. 279 with respect to a growing crop of marijuana:
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