What is the test for obtaining a search warrant based upon hearsay evidence?

California, United States of America


The following excerpt is from Arata v. Superior Court In and For San Mateo County, 153 Cal.App.2d 767, 315 P.2d 473 (Cal. App. 1957):

Consideration was given this question in the recent case of People v. Acosta, 142 Cal.App.2d 59, 298 P.2d 29. A search warrant had been issued upon an affidavit which, as to a considerable number of the facts recited, declared that they were 'told' to the affiant 'by an informant, whose name can not be revealed without endangering the safety of said informant' (142 Cal.App.2d at page 61, 298 P.2d at page 30) who said that he, the informant, had observed those facts. Concerning this hearsay evidence, the reviewing court said in part: 'In determining probable cause for issuance of a search warrant the court is not called upon to determine whether the offense charged was in fact committed, but is concerned only with the question whether the affiant had reasonable grounds at the time of his affidavit for the belief that the law was being violated upon the premises to be searched. If apparent facts set out in the affidavit were such that a reasonably

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