Legal Question in Criminal Law in California

Penal Code sections 1524 & 1525 govern search warrants. Generally, a judge will not issue a search warrant unless the warrant is supported by an affidavit:

*naming or describing the person to be searched

*describing the property, thing, or things and the place to be searched

The affidavit must show there is probable cause to believe that the property:

1) was stolen or embezzled.

(2) was used as the means of committing a felony.

(3) is going to be used to commit a public offense,

(4) is evidence a felony <--- Most common ground for drug cases

(5) is evidence of sexual exploitation of a child

(6) When there is a warrant to arrest a person.

(7) is in the possession of a provider of electronic communication service or remote

computing service and contains data relating to grounds (1)-(5) above

(8) is evidence that tends to show a violation of Section 3700.5 of the

Labor Code (failure to secure the payment of compensation as required under labor code).

There are special rules regarding when the warrant can be executed and if the place to be searched is in the possession or under the control of an attorney, physician, psychotherapist or clergyman.

Yes, the warrant must be presented to you or anyone in possession of the property at the time of the search.

The validity and lawful execution of a search warrant is key to the state's case. Do not simply rely on what you have read when making decisions about your case; your case must be evaluated by a criminal defense attorney to determine if any type of motion (quash or traverse warrant) is necessary for a successful defense. Please contact my office to schedule a consultation.