If you like to watch crime shows on TV or action films on the big screen, you’ve probably watched scenes where police officers said they had a warrant so they could search a suspect’s home or business. But how much do you actually know about search warrants? For most people, all they know is it needs a judge’s signature.
In California, the laws regarding search warrants are covered in sections 1523 and 1524 of the California Penal Code. Under Sec. 1523 it states, “A search warrant is an order in writing, in the name of the people, signed by a magistrate, directed to a peace officer, commanding him or her to search for a person or persons, a thing or things, or personal property, and, in the case of a thing or things or personal property, bring the same before the magistrate.”
When Can a Search Warrant Be Issued?
There are several situations where a search warrant can be issued by a judge. The most common “grounds” to issue a search warrant in California include, but are not limited to:
- When property was stolen.
- When property was embezzled.
- When a suspect has property that they intend to use to commit a public offense.
- When a suspect’s property was used to commit a felony offense.
- When the property in the suspect’s possession is evidence of sexual exploitation of a child.
- When there is already a warrant for the person’s arrest.
- When the things being seized include a firearm or another deadly weapon at the scene where domestic violence occurred and the incident involved physical assault or threat to human life.
- When the property being seized is a firearm belonging to, controlled by or possessed by someone who is a “prohibited possessor,” someone who is named in a domestic violence restraining order and he or she failed to relinquish their weapon.
We are only scratching the surface in regards to search warrants and we haven’t even touched on the subject of “illegal searches and seizures.” If you believe that your Constitutional rights were violated and that can be proven, it may lead to the suppression of evidence, which could mean a dismissal of charges due to lack of evidence.
Related: Do I Have to Give a Sample of My DNA in California?
To discuss your case with an East Bay criminal defense lawyer and explore your legal defenses, contact the Law Office of Nabiel C. Ahmed today.