Is an affidavit based on hearsay sufficient to support the issuance of a search warrant?

California, United States of America

The following excerpt is from Griffin v. Superior Court, 103 Cal.Rptr. 379, 26 Cal.App.3d 672 (Cal. App. 1972):

'Following Aguilar, California courts have held that for an affidavit based on an informant's hearsay statement to be legally sufficient to support the issuance of a search warrant, two requirements must be met: (1) the affidavit must allege the informant's statement in language that is factual rather than conclusionary and must establish that the informant spoke with personal knowledge of the matters contained in such statement; and (2) the affidavit must contain some underlying factual information from which the magistrate issuing the

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(See Price v. Superior Court (1970) 1 Cal.3d 836 at p. 840, 83 Cal.Rptr. 369, 463 P.2d 721.)

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