Legal Question in Criminal Law in California

Are the police supposed to show a search warrant when raiding your home an if not. What probable cause do they have to enter your home an shouldnt tbey have to show you something showing probable cause especaily if there search trun up nothing what they were looking for


Asked on 12/28/14, 12:37 am

2 Answers from Attorneys

Zadik Shapiro Law Offices of C. Zadik Shapiro

Probable cause for a search warrant is found, not in the search warrant, but in an affidavit presented to a judge to obtain the search warrant. Unless it is sealed by the judge, the affidavit should be available in the clerk's office 10 days after the search. If you now the search warrant number that will speed things up. You will need the address and the date of the search to see the affidavit. There may be a charge for copying the affidavit.

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Answered on 12/28/14, 10:21 am
Joe Dane Law Office of Joe Dane

There is no legal requirement they show you the warrant before or during the search. They just leave a receipt for any items they take.

In orde to get s warrant, they must swear out an affidavit to a judge that spells out their probable cause. The way to challenge it is with a lawyer.

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Answered on 12/28/14, 10:48 am


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