What is the legality of using grand jury testimony to create probable cause for a search warrant? During grand jury investigation, the accused testified and gave pc for a search to recover a computer. Our investigator was present but had also been sworn as a witness in the investigation. Can that investigator draft pc for a search warrant and not violate the secrecy of the grand jury? I do see under CCP 20.02(c) the da can disclose the info to a law enforcement agency but once pc is filed, it is public record.

Why don't you file a petition with dist. court asking for permission to use the evidence obtained during the g/j meeting to draft a search warrant? Hopefully, in your petition you could let the court know that disclosure of the info needed for the search warrant will not expose the relevant witness to harm.

Also, what if the officer re-interviews the witness outside the grand jury and gains the info for the search at that time? In that case, no mention need be made of the fact that the officer 1st learned this info from a g/j session. Officers, after all, are allowed to act on info received during a g/j session.

Good luck.