What is the test for a search warrant to search for evidence of criminal activity at a location where there is no evidence of crime?

California, United States of America


The following excerpt is from Martinisko v. Superior Court of Trinity Cnty., C082901 (Cal. App. 2018):

The magistrate may also consider expert opinion when it determines whether a sufficient nexus exists between the place and the evidence sought. "The magistrate issuing the warrant 'is entitled to rely upon 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.]' [Citations.]" (People v. Lazarus (2015) 238 Cal.App.4th 734, 764.)

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