SW NO.

STATE OF CALIFORNIA - COUNTY OF LOS ANGELES

SEARCH WARRANT AND AFFIDAVIT
(1)

(AFFIDAVIT)
(2)
_______________________________________________________________ swears under oath that the facts
expressed (3)
(Name of Affiant)
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: YES

NO
(Signature of Affiant) NIGHT SEARCH REQUESTED: YES
NO
(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
(6) offense or is possessed by another to whom he or she may have delivered it for the
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(9)
Warrant and incorporated Affidavit was sworn to as true and subscribed before
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.
(10)
____________________________________________ , HOBBS SEALING
APPROVED: YES NO (11)
(Signature of Magistrate) NIGHT SEARCH APPROVED: YES NO
(12)
Judge of the Superior Court, ________________________________________________________ Judicial District
SW & A1
DA-1506-A1-76S346W3-Rev. 10/02
 Footnotes to Appendix A

1. This is the combined search warrant and affidavit form. It is preferable to the
older forms involving a separate search warrant and separate affidavit.
2. 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.)
3. 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.)
4. The language of the search warrant is derived from Penal Code section 1529.
5. 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.)
6. 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.
7. 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.)
8. The property and/or person to be seized must also be described with
"reasonable particularity" (Penal Code § 1529).
9. 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.
10. 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.
11. 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.)
12. 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.
(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.)