The third affidavit requires the affiant
to aver that service
First, the court considered the knowledge of the affiant
inadmissible, not because the affiant
lacked personal knowledge, one of
The weakness in affidavits derives from the inability to cross-examine the affiant
should not assume the reader of the request for a search warrant has knowledge of the latest computer technologies or jargon.
As a matter of personal curiosity I have asked the affiant
DEA agents the question: `Are we winning the war on drugs?
8 (1971) ("Under the cases of this Court, an otherwise insufficient affidavit cannot be rehabilitated by testimony concerning information possessed by the affiant
when he sought the warrant but not disclosed to the issuing magistrate.
As the phrase goes in one of my part-time jobs, "further, the affiant
i]f the presence of odors is testified to before a magistrate and he finds the affiant
qualified to know the odor, and it is one sufficiently distinctive to identify a forbidden substance, this Court has never held such a basis insufficient to justify issuance of a search warrant.
Introducing some writings that are notarized and others that are not may raise the question of whether the witness in the unsworn writing is as credible as the affiant
in the notarized affidavit.
Given the Vatican partnership in the observatory, the affiant
might have been more politic in dismissing the Apache concerns.
After introducing the affiant
and the experts relied on by the affiant
, the warrants gave a summary of the alleged criminal activity, discussed the technical expressions used, set forth the chronology of the investigation, summarized the evidence to be found, and concluded with the reasons for suspecting that the evidence would be found at the search location.