Humphrey

Responding to concerns about the potential spread of the virus that causes acquired immune deficiency syndrome (AIDS), the Legislature enacted Penal Code section 1524.1, which authorizes a court to issue a search warrant to test a criminal defendant’s blood for human immunodeficiency virus (HIV) when certain sexual offenses are charged. The warrant may be issued if, after considering supporting and rebutting affidavits and medical reports, the court finds probable cause to believe (1) the defendant committed the offense charged, and (2) a body fluid capable of transmitting the virus has been transferred to the victim. In this case, we consider whether a section 1524.1 affidavit must be limited to the affiant’s personal knowledge or may rely on hearsay.

I. Procedural and Factual Summary

Petitioner was charged with, inter alia, two counts of molesting or annoying a child (§ 647.6, subd. (a)), two counts of sexual battery (§ 243.4, subd. (d)), and two counts of misdemeanor child abuse (§ 273a, subd. (b)). Ms. A., the mother of the two minor victims, eight-year-old twins, O. and J., submitted an affidavit on their behalf averring as “true and accurate to the best of [her]…