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LEON TAMBASEN v. PEOPLE

This case has been cited 1 times or more.

2014-03-05
BRION, J.
Additionally, the Rules require that a search warrant should be issued "in connection with one specific offense" to prevent the issuance of a scatter-shot warrant.[70] The one-specific-offense requirement reinforces the constitutional requirement that a search warrant should issue only on the basis of probable cause.[71] Since the primary objective of applying for a search warrant is to obtain evidence to be used in a subsequent prosecution for an offense for which the search warrant was applied, a judge issuing a particular warrant must satisfy himself that the evidence presented by the applicant establishes the facts and circumstances relating to this specific offense for which the warrant is sought and issued.[72] Accordingly, in a subsequent challenge against the validity of the warrant, the applicant cannot be allowed to maintain its validity based on facts and circumstances that may be related to other search warrants but are extrinsic to the warrant in question.