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Required
Elements
|
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A written affidavit for
a search warrant is submitted. |
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| The affidavit contains: |
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Specific description of the person
or premises to be searched |
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Specific description of the items
to be seized |
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Statement of the reasons supporting
the request to search |
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Signature of the affiant swearing
to or affirming the affidavit |
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Signature and title of a person
authorized to administer oaths or affirmations |
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Date of the oath or affirmation |
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| The
affidavit establishes probable cause to search: |
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The facts amount to substantial
evidence that the place to be searched contains
items connected with criminal activity |
| If hearsay
information is supplied by an informer/third party,
the affidavit establishes by substantial evidence both that: |
| The informer is credible or believable (veracity test) because: |
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the informer is a truthful person,
or |
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the informer has a particular
motive or reason to be truthful about this information,
or |
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the information is sufficiently
corroborated by other adequate, detailed and trustworthy
information, |
| and that: |
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The informer has a factual basis
for the information provided (basis
of knowledge test) because: |
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the informer gathered the information
in a reliable manner, or |
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the information is
based on the informer’s personal knowledge or
on reliable information received by the informer,
or
|
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If there is a deficiency
in the veracity or basis of knowledge of the hearsay,
it is overcome by independent corroboration
of the allegations of criminality, and not simply
corroboration of innocent details |
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The information in
the affidavit is sufficiently current to establish
that probable cause exists now. |
