Legal Question in Criminal Law in California

Search Warrant

Does law enforcement need a warrant to collect a citizens utility or power bill from the city that you receive your service from? If so, what would commonly be used or needed for cause of issuance? If not, what is needed/procedure (such as other home comparisons) for the power bill to become collaborating evidence to obtain a search warrant?


Asked on 2/01/05, 9:33 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Search Warrant

If the suspect is already being prosecuted then the police only need to subpoena the records. If no charges have been filed yet, they would need a warrant.

In order to get a warrant the police would have to go to court with a sworn affidavit explaining what crime the police believe the suspect has committed, why they believe it, what they expect to find when they execute the warrant, why they cannot get the same evidence some other way (or with a narrower warrant) and how the evidence would help prove the suspect's guilt. If the judge is persuaded, then she will issue the warrant

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Answered on 2/01/05, 3:44 pm


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