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CO: Two SW affidavits on the same day for same property may be read together even though first not incorporated into second

By John Wesley Hall, Jr.

Where two search warrants are issued for property on the same day by the same magistrate, the two affidavits may be read together to determine probable cause, even though the second does not incorporate the first. The second warrant in this dog fighting case should not have been suppressed. People v. Scott, (Colo. April 5, 2010): However, the second affidavit need not be read in a vacuum. It is common practice for a single warrant to be supported by multiple affidavits, or for an affidavit to incorporate by reference and then expand upon an earlier affidavit. See, e.g., People v. Hakel, 870 P.2d 1224 (Colo. 1994) (reading two affidavits together as establishing probable cause where the second affidavit incorporated the first by reference); Commonwealth v...continue to full post

Full post as published by Fourth Amendment on April 05, 2010 (boomark / email).