Legal Question in Criminal Law in California

Specific Warrant details

I would like to know the specific legal time span for a search warrant. Is it legal to have a search warrant and not act upon it for 7 days. Also at the bottom of the search warrant it states night approval service ''yes'' or ''No'' if marked ''No'' by the judge what exactly does that mean. Does it mean they cannot act upon the search warrant during night hours. Please advise legal times for night and day search warrants on home residence.


Asked on 4/03/01, 3:53 am

1 Answer from Attorneys
Victor Hobbs Victor E. Hobbs

Re: Specific Warrant details

Penal Code Sections 1528 and 1529 both mention 'Forthwith' on serving the search warrant and returning the warrant to the court. However see below for 10 days.

Penal Code Section 1533 sets forth 7:00 a.m. to 10:00 p.m. as the time to serve the search warrant unless good cause requires it to be served outside these hours i.e. night.

Penal code Section 1534 (see 'forthwith' above) requires that the search warrant be served within ten days of its issuance.

The Penal Code is available on the Internet. Start with California Law and then try California Codes. One or both should work.

Thanks for asking the question. It was a good review for me.

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Answered on 6/05/01, 5:01 pm


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