What is the test for a search warrant application based on expert advice of a law enforcement officer?

California, United States of America


The following excerpt is from People v. El Badry, C090714 (Cal. App. 2020):

"[L]aw enforcement officers may draw upon their expertise to interpret the facts in a search warrant application, and such expertise may be considered by the magistrate as a factor supporting probable cause." (People v. Nicholls (2008) 159 Cal.App.4th 703, 711.) The magistrate is equally entitled to rely on "the conclusions of experienced law enforcement officers in weighing the evidence supporting a request for a search warrant as to where evidence of crime is likely to be found. [Citation.] It is not essential that there be direct evidence that such evidence will be at a particular location. Rather, the magistrate ' "is entitled to draw reasonable inferences about where evidence is likely to be kept, based on the nature of the evidence and the type of offense." ' [Citation.]" (People v. Sandlin (1991) 230 Cal.App.3d 1310, 1315.)

Other Questions


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)
Does the search warrant for "any vehicles" provision in the first warrant for a search warrant apply to a vehicle search? (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 assumption that evidence sufficient to warrant a search warrant justify the officers in making a search without a warrant justify their actions? (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)
In a search warrant application, what is the test for determining whether a search can be conducted in search warrants? (California, United States of America)
What is the test for a search warrant issued by a police officer in the context of search warrant application? (California, United States of America)
When a search warrant is issued, does the search warrant require a police officer to consult an expert on computer science or art forgery? (California, United States of America)
When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
Does the search in the search warrant form part of a search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.