Legal Question in Criminal Law in California
Does a search warrant have to be shown and signed by the homeowner in order to make it legal?
Asked on 11/29/09, 7:32 pm
3 Answers from Attorneys
Terry A. Nelson
Nelson & Lawless
No, it does not have to be signed or accepted, just shown upon demand. It is imposed on you, not by agreement with you. You have no say in the matter.
Answered on 12/04/09, 7:37 pm
Edward Hoffman
Law Offices of Edward A. Hoffman
No. The homeowner doesn't even have to be present when the warrant is executed.
Answered on 12/04/09, 8:01 pm
Joe Dane
Law Office of Joe Dane
There is no legal requirement they show you the warrant, just that there is one validly obtained before entry is made.
The only thing they're required to do is leave a receipt for any property they took pursuant to the warrant.
Warrants do have certain technical as well as legal defenses, so if you're the subject of a search warrant, it's time to get an attorney ASAP.
Answered on 12/06/09, 5:36 pm
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