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Name: Humphrey v. Superior Court
Case #: B149998
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 08/22/2001
Subsequent History: Rev. granted 11/28/01

Editor’s note: review granted on this case. Defendant was charged with misdemeanor child molest and sexual battery against two 8-year-old girls. The People obtained a search warrant to test his blood for the HIV virus under Penal Code section 1524.1, which permits the warrant to issue when there is probable cause to believe listed bodily fluids have been transferred from the accused to the complaining witness. The girls’ mother signed a declaration based on information and belief which appeared to be based on hearsay statements of police officers who interviewed the children, police reports, and medical experts. The Court of Appeal concluded that search warrants under Penal Code section 1524.1 cannot be based on information and belief, at least where there was no explanation why the declarations could not be made by persons with personal knowledge of the material facts, such as the alleged victims, police officers, or medical personnel.