Legal Question in Criminal Law in California

Re: Affidavit in Support of Search Warrant

A warrant cannot be issued without an affidavit in support of it. However, telephonic warrants can be obtained, where the cop tells the issuing magistrate what the probable cause is on the telephone (an oral affidavit). But the oral affidavit must be transcribed thereafter, and kept with the warrant, and is subject to attack just like any affidavit. If there is no affidavit, that would invalidate the warrant and render inadmissible the items seized.