Legal Question in Criminal Law in California

Re: execution of search warrants

Generally speaking no, although everything depends on facts and circumstances. If there was probable cause to arrest separate, independent from and prior to the execution search warrant then perhaps yes.

Keep in mind that a person can be detained while the search is being conducted. People often confuse arrest with detention as the difference between the two sometimes is not very great, especially to those getting detained/arrested.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

Re: execution of search warrants

If the police had valid reason to arrest the person even before conducting the search, then yes. The law does not require the police to delay a legitimate arrest while executing a search warrant.