SW NO.

STATE OF CALIFORNIA - COUNTY OF LOS ANGELES

(1) SEARCH WARRANT AND AFFIDAVIT (AFFIDAVIT)
_______________________________________________________________ swears under oath that the facts (3) expressed
(Name of Affiant)

(2)

by him/her in this Search Warrant and Affidavit and in the attached and incorporated statement of probable cause are true and that based thereon he/she has probable cause to believe and does believe that the property and/or person described below is lawfully seizable pursuant to Penal Code Section 1524, as indicated below, and is now located at the locations set forth below. Wherefore, affiant requests that this Search Warrant be issued.
_________________________________________________ , HOBBS SEALING REQUESTED: NO (Signature of Affiant) NIGHT SEARCH REQUESTED: NO YES YES

(4) (SEARCH WARRANT)

(5)

THE PEOPLE OF THE STATE OF CALIFORNIA TO ANY SHERIFF, POLICE OFFICER, OR PEACE OFFICER IN THE COUNTY OF LOS ANGELES: proof by affidavit having been made before me by ___________________________________
(Name of Affiant)

that there is probable cause to believe that the property and/or person described herein may be found at the locations set forth herein and is lawfully seizable pursuant to Penal Code Section 1524 as indicated below by "x"(s) in that: ________ it was stolen or embezzled ________ it was used as the means of committing a felony ________ it is possessed by a person with the intent to use it as a means of committing a public offense or is possessed by another to whom he or she may have delivered it for the (6) purpose of concealing it or preventing its discovery, ________ it tends to show that a felony has been committed or that a particular person has committed a felony, ________ it tends to show that sexual exploitation of a child in violation of Section 311.3, or depiction of sexual conduct of a person under the age of 18 years, in violation of Section 311.11, has occurred or is occurring ________ there is a warrant for the person's arrest;
YOU ARE THEREFORE COMMANDED TO SEARCH:

(7)

FOR THE FOLLOWING PROPERTY/PERSON:

(8)

AND TO SEIZE IT IF FOUND and bring it forthwith before me, or this court, at the courthouse of this

court. This Search Warrant and incorporated Affidavit was sworn to as true and subscribed before (9)

me this ___ day of ___________, 20 ____, at _________A.M./P.M. Wherefore, I find probable cause for the issuance of this Search Warrant and do issue it. ____________________________________________ , APPROVED: YES NO
(Signature of Magistrate)

HOBBS SEALING NIGHT SEARCH APPROVED:

(10) (11)

Judge of the Superior Court, ________________________________________________________ Judicial District SW & A1
DA-1506-A1-76S346W3-Rev. 10/02

(12)

YES

NO

Footnotes to Appendix A
1. 2. This is the combined search warrant and affidavit form. It is preferable to the older forms involving a separate search warrant and separate affidavit. There may be more than one affiant on a search warrant. (See Skelton v. Superior Court (1969) 1 Cal.3d 144 and Penal Code § 1527.) Further, the affiants need not be police officers. (See People v. Bell (1996) 45 Cal.App.4th 1030, 1055.) The incorporation of the written affidavit allows reference to the affidavit to supplement inadequate or ambiguous residence and property descriptions on the face of the search warrant. (See People v. MacAvoy (1984) 162 Cal.App.3d 745.) The language of the search warrant is derived from Penal Code section 1529. Penal Code section 1530 states that a search warrant may be served by any of the officers mentioned in its directions. The serving officer need not be the affiant. Civilian witnesses can assist serving officers, such as a victim pointing out stolen items. (See People v. Superior Court (Meyers) (1979) 25 Cal.3d 67.) The search warrant must indicate which of these grounds is being relied upon for the issuance of the warrant. These grounds are statutory pursuant to Penal Code section 1524 and cannot be modified. The search warrant must describe with "reasonable particularity" the place, vehicles, and persons to be searched (Penal Code section 1529). The general rule is that descriptions should be of sufficient particularity so that if an officer with no knowledge of the case were to serve the warrant, he would have no difficulty in locating and identifying the place, vehicle, or person to be searched. (People v. Grossman (1971) 19 Cal.App.3d 8, 11.) The property and/or person to be seized must also be described with "reasonable particularity" (Penal Code § 1529). Penal Code section 808 designates as magistrates judges of the superior courts, courts of appeal, and Supreme Court. Any of these judges is empowered to act as a magistrate and issue a search warrant. A commissioner, a judge pro tem, and a referee are not magistrates. The Hobbs sealing request is based on People v. Hobbs (1994) 7 Cal.4th 948, which holds that all or part of a search warrant affidavit may be sealed to protect an informant's identity. Good cause for a night search should be shown in the affidavit, as set forth in Chapter V. However, failure to do is not grounds for suppression of evidence. (Rodriguez v. Superior Court (1988) 199 Cal.App.3d 1453, 1470.) A magistrate can issue a search warrant for any location within the county in which he or she sits. (People v. Emanuel (1978) 87 Cal.App.3d 205; People v. Smead (1985) 175 Cal.App.3d 1101.) A magistrate can issue a search warrant for a location outside his or her county but within the State of California so long as it relates to an offense that can be prosecuted in the magistrate's county.

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(People v. Ruster (1976) 16 Cal.3rd 690; People v. Fleming (1981) 29 Cal.3rd 698, 707; and People v. Easley (1983) 34 Cal.3rd 858, 869-70.)