In support of a search warrant for the permanent residence of a convicted drug dealer, how have the courts interpreted the affidavit supporting the search warrant?

California, United States of America


The following excerpt is from People v. Aho, 166 Cal.App.3d 984, 212 Cal.Rptr. 686 (Cal. App. 1985):

In his affidavit in support of the search warrant, Deputy Plants detailed his training and experience as a narcotics investigator. He further stated that in his experience as a narcotics detective persons dealing in controlled substances and stolen property will frequently secrete contraband in closed or locked containers and other closed or locked hiding places within their residence and motor vehicles. In People v. Johnson (1971) 21 Cal.App.3d 235, 98 Cal.Rptr. 393, police conducted a search of an apartment defendant had rented for one month. The search revealed large quantities of drugs and a fully loaded machine gun. A search warrant for defendant's permanent residence was sought. The affidavit contained the results of the first search, a statement by one officer that he knew defendant was a major supplier of drugs, and another officer's statement that his experience in the field provided him with knowledge of drug dealers' methods of operation. The latter officer stated he believed a quantity of drugs would be found at defendant's residence in addition to the drugs found at the apartment. (Id., at p. 243, 98 Cal.Rptr. 393.) The court held this belief was reasonable and upheld the search warrant.

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