Investigative
personnel seeking search authorization must be able to articulate specific and
recent information pertaining to the individual items cited on the affidavit
and authorization in order to establish probable cause. In many instances,
information that is several months old cannot in and of itself be used to
generate probable cause. More recent information, gained through “pretext”
phone calls or online undercover operations, may be required to develop
current and reliable information (see Appendix E for a sample affidavit and
authorization). Additionally, if during the conduct of a search for one offense,
evidence of an unrelated or different type of offense is identified, the scope of
the search authorization must be expanded accordingly. If probable cause
cannot be developed, consideration should be given to requesting a consent
search. However, this may make the suspect aware of law enforcement
interest and cause investigators to lose potential evidence.
11-14. When information is required from private business