What is the test for a detective to sign an affidavit pursuant to a search warrant?

California, United States of America


The following excerpt is from People v. Ronald Steven Bishop, D073609 (Cal. App. 2018):

the best of his knowledge. The detective signed the affidavit, located at the top of the search warrant, stating he "swears under oath that the facts expressed by him in the attached and incorporated Statement of Probable Cause are true and that based thereon he has probable cause to believe and does believe that the articles, property, and persons described below are lawfully seizable pursuant to [section] 1524, as indicated below, and are now located at the location(s) set forth below." He also signed the attached declaration "[u]nder penalty of perjury." Thus, the court met the requirements of section 1526 by examining the detective under oath, taking his affidavit in writing, which he subscribed. (Doe v. Superior Court (2011) 194 Cal.App.4th 750, 754 [" ' "Subscribe" means "to sign with one's own hand" ' "].)

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