Does a search warrant affidavit containing only opinions and conclusions of the affiant establish probable cause?

California, United States of America


The following excerpt is from People v. Osejo, A143092 (Cal. App. 2017):

unsupported by a factual basis for it does not establish probable cause. "It is a long established rule that a search warrant affidavit containing only the opinions and conclusions of the affiant, without disclosure of the underlying facts, will not constitute 'probable cause supported by oath or affirmation' as required by the Fourth Amendment of the United States Constitution." (People v. Smith(1986) 180 Cal.App.3d 72, 86; see Nathanson v. U.S. (1933) 290 U.S. 41, 47 [probable cause for warrant must be based on facts or circumstances; "mere affirmance of belief or suspicion is not enough"].)

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