Cert1967
Contributor
Breaking News: CNN just reported that the boat owners have been served with "warrants", although it didn't report on what the warrants were for.
California boat fire probe widens as FBI and Coast Guard serve search warrants on Conception owner
The affidavit will make interesting reading.
California Penal Code 1525 -- Issuance; probable cause; supporting affidavits; contents of application.
A search warrant cannot be issued but upon probable cause, supported by affidavit, naming or describing the person to be searched or searched for, and particularly describing the property, thing, or things and the place to be searched.
Probable Cause
APPLICATION TO SEARCH WARRANTS
Probable cause exists when there is a fair probability that a search will result in evidence of a crime being discovered. For a warrantless search, probable cause can be established by in-court testimony after the search. In the case of a warrant search, however, an affidavit or recorded testimony must support the warrant by indicating on what basis probable cause exists.
Probable cause" is a legal phrase. It refers to a "reasonable" belief that criminal activity is taking (or has taken) place. So before a judge issues a search warrant, he/she must have a reasonable belief that the person /property specifically described in the warrant application (otherwise known as an "affidavit") will be found in the searched location.
Probable cause" is a legal phrase. It refers to a "reasonable" belief that criminal activity is taking (or has taken) place. So before a judge issues a search warrant, he/she must have a reasonable belief that the person /property specifically described in the warrant application (otherwise known as an "affidavit") will be found in the searched location.