What is the difference between a warrant and the underlying affidavit?
California, United States of America
The following excerpt is from People v. Mesiti, B233416 (Cal. App. 2013):
4. "There is a fundamental distinction . . . between a warrant and the underlying affidavit, and the affidavit is not necessarily part of the warrant or available to define the scope of the warrant." (People v. MacAvoy (1984) 162 Cal.App.3d 746, 755.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If a tainted warrant affidavit is amended to remove tainted evidence from the warrant affidavit at issue, is the warrant sufficient to suppress evidence seized pursuant to the warrant? (California, United States of America)
Does the affidavit supporting a search warrant invalidate the search warrant for a home searched for a stolen gun after the original warrant was issued? (California, United States of America)
Does a search warrant affidavit that supports the veracity of an affidavit need to be examined in order to support a third party culpability defense? (California, United States of America)
Can a search warrant affidavit support the veracity of statements in the affidavit by an Affiant whose credibility is being challenged? (California, United States of America)
In what circumstances will a defendant who challenges a search warrant based on an affidavit containing omissions from an interview with Seihoon have to prove that they omitted something from the affidavit? (California, United States of America)
If a search warrant authorizes a search, can the warrant authorizations to search the bag be added to the warrant? (California, United States of America)
Does the exclusionary rule apply when an officer acting with objective good faith has obtained a search warrant for the search warrant under the Golden Gate Drive search warrant? (California, United States of America)
Can deliberate omissions of material facts from an affidavit for a search warrant be used as evidence in the search warrant application? (California, United States of America)
What is the difference between an arrest warrant and a search warrant? (California, United States of America)
Can a search warrant be issued pursuant to an affidavit of a police officer wherein it appears that probable cause for the issuance of the warrant rests upon information furnished to him by an informant? (California, United States of America)
